C O M M O N O R D E R

All these writ petitions have been filed challenging the proceedings of the Directorate of Elementary Education, Chennai, thereby restricted the benefits under the Government Order in G.O.Ms.No.207, School Education Department dated 30.09.2008 to the extent of pensionery benefits alone and denied the benefits of arrears of salary.

2. All the petitioners are retired Primary School Headmasters. After their retirement, in view of the Government Order in G.O.Ms.No.207, School Education Department dated 30.09.2008, all the retired Primary School Headmasters are entitled to get a relief of fixation of arrears of salary as well as arrears of pension arising out of confirmation of selection Grade and Special Grade (II) in the cadre of Headmasters of Elementary School. However, in pursuant to the impugned proceedings passed by the Directorate of Elementary Education, Chennai restricted the benefits to the effect that they are entitled to get arrears of pensionery benefits alone and they are denied the benefits of arrears of salary as per the G.O.Ms.No.207, School Education Department dated 30.09.2008.

3. The relevant portion of the said G.O.Ms.No.207, School Education Department dated 30.09.2008 is extracted hereunder:-

“6/nkw;fzl; epiyapy; bjhlff; f; fy;tp ,afF; eh; jdJ fojj;jpy; 28/04/2006 Mk; ehsdW; brdi; d cah;ePjp kdw; j;jpy; kDjhuh;fs; bgwW; s;s jPh;g;ghizf;F Vw;g murhiz (epiy) vz;/38 gs;spf;fy;tp ehs; 05/03/2001?y; cs;s Mizfis fzf;fpy; bfhs;shky;. Murhiz (epiy) vz;/185. gs;spf; fy;tp ehs; 16/12/2002 kwW; k; murhiz (epiy) vz;/160 gs;spf; fy;tp ehs; 23/08/2005 Mfpa murhizfis gad;gLj;jp Cjpa eph;zak; bra;J jpUj;jpa Xa;t{jpa gyd;fs; bgw Miz btspaplyhk; vdtk[ ; ,t;thizia bray;gLj;jpdhy; Vw;gLk; Tljy; brytpdk; midj;J khtll; j; bjhlf;ff; fy;tp mYtyh; Ky: khf tptuk; bgwW; bjhFj;J fzf;fpl;L njhuhakhf U:/1.57.93.225-?

brythFk; vdtk[ ; bjhptpj;Js;shh;/

7/ ,jid muR ed;F Ma;t[ bra;J cah;ePjp kdw;

jPh;g;gpd; mog;gilapy; nkny gj;jp 6?y; cs;s bjhlf;ff; fy;tp ,af;Fehpd; fUj;JUtpid VwW; . mjd;go murhiz (epiy) vz;/38 gs;spf;fy;tp ehs; 05/03/2001y; cs;s Mizfis fzf;fpy; bfhs;shky; murhiz (epiy) vz;/185. gs;spf; fy;tp ehs; 16/12/2002 kwW; k; murhiz (epiy) vz;/160 gs;spf;fy;tp ehs; 23/08/2005 Mfpa murhizfis gadg; Lj;jp 01/06/1988f;F gpd;g[ bjhlf;fg;gs;sp jiyik Mrphpah;fshf gjtp cah;t[ bgw;wth;fSf;F njh;t[ epiy- rpwgg; e[ piy tH';fp Cjpa eph;zak; bra;J jpUj;jpa Xa;t{jpag;

gyd;fs; bgw mDkjpjJ; muR Miz btspapLfpwJ/”

4. Therefore, similarly placed retired primary school Headmasters filed batch of writ petitions before this Court. Some of the petitioners sought for a direction to disburse the arrears of pay as per the G.O.Ms.No.207, School Education Department dated 30.09.2008.

5. This Court passed common order in the batch of writ petitions by an order dated 05.08.2011 in WP.No.20706 of 2010 and etc., batch cases, in which dealt with as under :-

“6. In all these matters, the petitioners had served as Primary School Headmasters and retired from service. It is seen from the perusal of the G.O.Ms.No.207, School Education Department, dated 30.09.2008 that for the persons, who have been appointed as Primary School Headmasters after 01.06.1988, their pay scales have to be fixed pursuant to the fixation of pay in the selection and special grade. The said Headmasters are entitled to claim retiral monetary benefits and benefits of fixation of pay.

7. Therefore, this Court is of the considered view that the impugned orders of the Director of Elementary Education, Chennai, rejecting the claim of the petitioners that they are entitled to only to receive the monetary benefits in respect of arrears of pension alone are unsustainable. Accordingly, the impugned orders are set aside. Consequently, the Director of Elementary Education, Chennai/the second respondent herein (first respondent in WP.Nos.23639 to 23648 of 2010) is directed to consider the claim of the petitioners in the light of the G.O.Ms.No.207, School Education Department, dated 30.09.2008 as per