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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MS.JUSTICE R. POORNIMA, J
R. Rajakkani – Appellant
Versus
State of Tamilnadu, Rep. by its Principal Secretary, Department to Government Education Department – Respondent
ORDER :
(R. POORNIMA, J.)
The writ petition in W.P(MD)No.20763 of 2016 is filed by the petitioner with a prayer to issue a Writ of Certiorarified Mandamus, to call for records in G.O(Ms) No.62 Finance (CMPC) Department dated 09.03.2015 as arbitrary and illegal direct the respondent to extend the benefits of G.O(Ms) No.216, Finance (PC) Department dated 22.03.1993 and to award selection grade of pay with effect from 01.06.1988 and special grade with effect from 12.08.1990 and to revisionary benefits and arrears to the petitioner.
2. The brief case of the writ petitioner in W.P.(MD)No. 20763 of 2016 are as follows :
2.1) The petitioner was appointed as Physical Education Teacher in the cadre of Secondary grade teacher on 12.08.1970 in Z.K.M, Higher Secondary School, Bodinayakkanur, Theni district. He was transferred to the 6th respondent School on 15.02.1977 and he retired from service on 30.06.2008 on attaining the age of superannuation. During his service he got Selection Grade on 23.01.1980 and special grade on 12.08.1990 without any promotion.
2.2) He had completed 20 years service as Special Teacher in the cadre of Secondary Grade Teacher without any promotion opportunity and got Sel
The court affirmed that benefits under government orders must be uniformly extended to all similarly situated individuals, regardless of their litigation status.
A Physical Education Teacher is not entitled to salary benefits under G.O.Ms.No.216, which applies only to specific teaching categories, and claims for arrears during service are unjustified due to t....
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 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.
The main legal point established is the inapplicability of G.O.Ms.No.216 to the petitioner due to delay and laches, and the determination that the petitioner, working in a private aided school, was o....
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.
Entitlement to benefits from government orders cannot be denied based on promotion dates when similar claims have been upheld in precedent cases.
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
The delay in approaching the court does not affect the claim for pay protection and higher pension, and the recurring cause of action in matters of pay scale and consequential pension justifies the r....
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