Entitlement to benefits from government orders cannot be denied based on promotion dates when similar claims have been upheld in precedent cases.

ORDER :

P.T. ASHA, J.

The writ petition has been filed for the following relief:

“To to issue a writ of certiorarified mandamus calling for the entire records pertaining to the impugned order passed by the 3^rd respondent in proceedings Na.Ka.No.7427/A3/2019 dated 17.12.2019 and quash the same and further direct the respondents to grant the benefits of G.O. Ms. No. 210 School Education (G1) Department dated 14.08.2009 to the petitioner as has been extended to the similarly placed Middle School Headmasters by the Division Benches judgments of this Hon’ble Court in batch cases in W.A.Nos. 34, 487, 488 of 2017 etc., dated 03.01.2019 and in W.A. Nos.73,102, 221, of 2016 etc of 2019 and W.P. Nos.5699 of 2012 and W.P. Nos.7605 to 7608 of 2015 and 433 to 435 of 2019 etc., dated 26.03.2019 and to fix the pay of the petitioner in the special grade in the post of B.T. Grade Middle School Head Master by counting the services rendered as Secondary Grade Teacher, Elementary school Head Master with effect from the date of their Promotion to the post of B.T.Grade Middle School Head Master, with all monetary benefits and the pensionary benefits with the accrued arrears thereof and disburse the arrears of salary and pension within a time frame fixed by this court.”

2. The petitioner’s contention in a nutshell is as follows:

(i) The petitioner had served as a Secondary Grade Teacher, Elementary School Headmaster and then was promoted as B.T Grade Middle School Headmaster. He was promoted as a B.T. Middle School Head Master on 01.06.1988 and from 01.06.1988, till the date of his retirement in 1994, he had served in the same post as Middle School Headmaster.

(ii) It is his contention that this Court had passed a time-bound order in W.P.Nos.15750, 17183 and 17267 of 2010 dated 05.08.2011 directing the petitioners therein to submit a fresh representation to the respondents therein within a period of 10 days and on receipt of the same, the respondents were directed to consider the representation of the petitioners seeking the relief of awarding special grade scale of pay in the cadre of Middle School Headmaster to the petitioners with effect from 01.06.1988 by extending the benefits granted to similarly placed candidates by the Government in G.O.Ms.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, Education (G1) Department dated 12.07.2010 with all monetary benefits and pass orders on merits and in accordance with law.

(iii) Since no orders were passed, the petitioner had filed Contempt Petition No.438 of 2014. After 9 years, the contempt petition was closed on 16.12.2020 on production of the impugned order by the 3^rd respondent dated 17.12.2019 bearing Na.Ka.No.7427/A3/2019. However, the 3^rd respondent had rejected the claim of the petitioner through the impugned order on the ground that the petitioner was appointed as a Middle School Headmaster after 01.06.1988 and therefore, was not entitled to the benefit of G.O.Ms.No.210 dated 14.08.2009. Aggrieved by the same, the petitioner is before this Court on the ground that the case is covered by the judgments of two Division Benches of this Court in W.A.Nos.34 of 2017 etc batch dated 03.01.2019 and W.A.Nos.73 of 2016 etc. batch dated 26.03.2019. It is therefore his contention that he is entitled to the very same relief.

3. The respondents have filed a counter affidavit inter-alia contending that the said Government Order is only applicable to persons who had rendered served as Secondary Grade Teachers and Primary Grade School Teachers prior to 01.06.1988, for the purpose of awarding selection grade and special g