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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
T.M.Arunachalam – Appellant
Versus
Government Of Tamil Nadu Rep By The Secretary To Government, School Education Department – Respondent
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 3rd 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
Entitlement to benefits from government orders cannot be denied based on promotion dates when similar claims have been upheld in precedent cases.
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 affirmed that benefits under government orders must be uniformly extended to all similarly situated individuals, regardless of their litigation status.
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 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....
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....
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 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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