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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
M. Sampath, S/o. C. Manickam – Appellant
Versus
Government Of Tamil Nadu, Rep By Its Secretary To Government, School Education Department – Respondent
| Table of Content |
|---|
| 1. identification of parties and respective titles. (Para 1) |
| 2. detailing facts pertaining to each petitioner/respondent. (Para 2 , 3 , 4) |
JUDGMENT :
The issue in these batch of Writ Appeals are no longer res integra. The issue pertains to grant of Selection Grade and Special Grade to the post of Secondary Grade Teachers and Primary School Head Masters in the Education Department. Whether the services rendered as Secondary Grade Teacher prior to 01.06.1988 shall be reckoned for grant of Selection Grade or not was considered by the Courts.
3. That apart, Courts have rejected the Writ Petitions on the ground of latches, since the benefit claimed pertain to V Pay Commission, which came to be implemented on 01.06.1988. Thereafter, three Pay Commissions were implemented and pay fixed to the teachers were merged and revised pay was fixed. Under these circumstances, the Courts rejected the petitions and now there is no scope to re-consider the same, since the judgment of the Division Bench was confirmed by the Hon’ble Supreme Court of India.
Eligibility for Selection and Special Grade compensation for teachers is determined by service rendered before a statutory cutoff, upheld by higher judicial authority, barring reconsideration on proc....
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.
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.
Eligibility for Selection Grade requires completion of 10 years in the respective post, as per Pay Commission recommendations.
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 affirmed that benefits under government orders must be uniformly extended to all similarly situated individuals, regardless of their litigation status.
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