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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice J. Nisha Banu, Mrs.Justice S.Srimathy, JJ
State Of Tamil Nadu – Appellant
Versus
I.Gnanasekaran – Respondent
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
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 court affirmed that benefits under government orders must be uniformly extended to all similarly situated individuals, regardless of their litigation status.
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 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 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.
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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