R. SURESH KUMAR, V. LAKSHMINARAYANAN
Government Of Tamilnadu Rep. by Secretary To The Government School Education Department, Fort St. George Chennai – Appellant
Versus
K Ganesan – Respondent
JUDGMENT
(Prayer :Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 27.04.2015 in W.P.No.12564 of 2015.)
R. SURESH KUMAR, J
1. The respondents were initially appointed as Secondary Grade Teachers in the early 1970''s at Panchayat Union Elementary Schools at various places. After long years of service, they had been given promotion as Primary School Headmasters sometime in 1988.
2. In this context, it is to be noted that 01.06.1988, since was the cut off date, redesignation was made and the pay has been re-structured for various posts like Secondary Grade Teachers and Primary School Headmasters. In respect of these private respondents are concerned, since they retired from service after getting promotion after the cut off date ie., 01.06.1988, selection grade and special grade was not given by taking into account their earlier service as Secondary Grade Teachers.
3. Had the said service period been considered, certainly these people would have earned higher pay by conferring the status of selection grade and special grade. However, since they have been promoted in the meanwhile, the earlier service had not been taken into account for the purpose of conferrin
Teachers promoted as Primary School Headmasters after 01.06.1988 are entitled to receive monetary benefits based on their earlier service as Secondary Grade Teachers, as per the judgment in S.Chandra....
The central legal point established in the judgment is the entitlement of teachers promoted as Primary School Headmasters after 01.06.1988 to the financial benefits of Selection Grade and Special Gra....
The concept of granting selection grade and special grade should not be tampered with and that teachers are either eligible for promotion or for Selection/Special Grade, not both.
Continuing wrong exception to laches permits belated Selection Grade claim for pension benefits post-school closure absorption.
The main legal point established is that the service period in an aided institution should be considered for the grant of Special Grade Pay as per G.O.Ms.No.992, Education Department, dated 22.06.197....
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
The main legal point established in the judgment is that the entitlement to selection/special grade for government employees is based on stagnation in the same post without promotion for a certain pe....
The court emphasized the importance of considering the appellant's claim purely on merits and in accordance with law, without being influenced by any previous observations.
Eligibility for Selection and Special Grade compensation for teachers is determined by service rendered before a statutory cutoff, upheld by higher judicial authority, barring reconsideration on proc....
Eligibility for Selection Grade requires completion of 10 years in the respective post, as per Pay Commission recommendations.
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