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 the interpretation of applicable government orders.

JUDGMENT :

S.SRIMATHY, J.

This Writ Appeal is filed by the respondents in the writ petition challenging the order dated 29.07.2024 passed in W.P.(MD)No.17324 of 2024.

2. The Writ Petition was filed for issuance of a Writ of Mandamus, directing the respondents to sanction and disburse forthwith the arrears of salary with effect from 31.07.2021 in the revised scale of pay in terms of G.O.Ms.No.216 dated 22.03.1993 as directed by the Hon'ble Full Bench of the High Court in Rev.Appln.No.313 of 2015, dated 09.12.2016, by considering the petitioner's representation, dated 30.03.2024.

3. The brief facts are that the petitioner possessed Teachers' Certificate in Physical Education (Higher Grade), and was appointed as Physical Education Teacher on 21.08.1985 and continued the service as Physical Education Teacher and voluntarily retired from service on 31.07.2021, thereby served for 35 years, 11 months and 11 days. The petitioner was awarded Selection Grade on 21.08.1995 and was awarded Special Grade on 21.08.2005. The contention of the petitioner is that prior to 1988 the scale of pay of Physical Education Teacher was identical with scale of pay of Primary School Headmaster and Secondary Grade Teacher i.e.Rs.610-1075. Based on the recommendations of the 5^th Tamil Nadu Pay Commission, while dispensing with the Selection Grade and Special Grade, the Government granted separate scale of pay of Rs.1400-2600 for Head Masters of Primary Schools and the scale of pay of Rs.1200-2040 for Secondary Grade Teachers and Physical Education Teachers. This disparity has caused prejudice to the Secondary Grade Teachers/Physical Educational Teachers. Thereafter, the government reintroduce Selection Grade and Special Grade with improved scale of pay in G.O.Ms.No.304 Finance (Pay Commission) Department, dated 28.03.1990, by granting Selection Grade and Special Grade to all the categories of posts in the scale of pay Rs.750-945 and above and up to the scale of pay 2500-4200. Further, in order to remove the ambiguity in awarding Selection Grade and Special Grade to the post where no promotion opportunity was available, the Government issued G.O.Ms.No.216 dated 23.09.1993, by introducing the uniform scale of pay for all the Secondary Grade Teachers and as per Annexure-1 of G.O.Ms.304, the ordinary grade, selection grade and special grade scales of pay fixed at Rs.1200-2040, 1400-2600 and 1640-2900 respectively. Thereafter, one N.Govindarajan, had filed petition in O.A.No. 8276 of 1997 before the Tamil Nadu Administrative Tribunal to refix scale of pay at Rs.2000-60-2300-75-3200, which was prescribed for the Primary School Headmaster (Special Grade) in terms of G.O.Ms.No.216 dated 22.03.1993. The said petition was allowed. The Government after lapse of 9 years had filed W.P.No.8747 of 2009, challenging the Tribunal order and the same was dismissed on 14.07.2019. The Government filed S.L.P.(Civil) C.C.No.2746 of 2010 which was dismissed on 23.04.2010.

4. Thereafter, the Government passed G.O.Ms.No.258 dated 06.09.2010 granting the relief as per G.O.Ms.No.216. The petitioner previously filed W.P.No.17369 of 2013, and the same was dismissed on 18.11.2013. Aggrieved over the said order petitioner filed W.A.No.618 of 2014 and the same allowed and extending the benefits to the petitioner under G.O.Ms.No. 216. Against which the Government preferred Rev.Appln.No.313 of 2015, against the order passed in W.A.618 of 2014. The Hon'ble Full Bench has directed the respondents to grant the benefit with effect from 01.03.2017 but for prior period the employees are not entitled to arrears. The Government has revised the pay as per the direction of Full Bench with effect from 01.03.2017 and issued G.O.Ms.90 dated 09.05.2018 but the same benefit was extended only to retire employees to pay pension and family pension. But no such payment was granted to candidates in service. In the meanwhile, the petitioner voluntary retired from service on 31.07.2021, but the effect of G.O.Ms.No.21