Advocates:
['m/s p murali', '', 'R GOPALAKRISHNAN', 'P KRISHNAMOORTHI', 'AGP TAKES NOTICE', 'amp']

W.P.No.42232 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.42232 of 2016

V.Chendilvel

... Petitioner

Vs.

1.The State of Tamil Nadu,

Rep. by its Secretary,

School Education Department,

Secretariat,

Chennai – 600 009.

2.The Director of School Education,

DPI Campus,

College Road,

Chennai – 600 006.

3.The Principal Accountant General (A & E),

O/o. Principal Accountant General,

Anna Salai, Teynampet,

Chennai – 600 018.

4.The District Elementary Educational Officer,

Kancheepuram, Kancheepuram District.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India

praying for the issuance of Writ of Mandamus, to direct the 1st respondent to

consider the petitioner representation dated 10.03.2016 submitted with request

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W.P.No.42232 of 2016

to revise the scale of pay in the post of Assistant Elementary Educational Officer

and to pay the monetary benefits subsequently pensionary benefits to the

petitioner in the light of GO (Ms) No.242 Finance (CMPC) Department dated

23.09.2015.

For Petitioner

: Mr.P.Murali

For Respondents

: Mrs.S.Mythraye Chandru

Special Government Pleader

for R1, R2 and R4

ORDER

The relief sought for in the present writ petition is to direct the 1^st

respondent to consider the representation submitted by the writ petitioner on

10.03.2016 to revise the scale of pay in the post of Assistant Elementary

Educational Officer and pay the consequential monetary benefits in the light of

G.O.(Ms)No.242, Finance (CMPC) Department, dated 23.09.2015.

2.The petitioner was initially appointed as Higher Grade Teacher on

01.01.1971 and thereafter, he was promoted to the post of Secondary Grade

Teacher. The petitioner was promoted up to the level of Assistant Elementary

Educational Officer and retired from service on 31.01.2006.

3.The grievances of the writ petitioner is that the grade pay as

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W.P.No.42232 of 2016

admissible pursuant to the 6^th Pay Commission recommendation was not

granted to him. The petitioner states that the Grade Pay of Rs.4800/- ought to

have been granted to the writ petitioner who was holding the post of Assistant

Elementary Educational Officer as on 31.01.2006. However, the petitioner was

granted lesser grade pay of Rs.4700/- which is applicable to the cadre of

Assistant Elementary Educational Officer.

4.Even as per the affidavit filed in support of the writ petition the

sacle of pay applicable to the post of Assistant Elementary Educational Officer

as per the 6^th Pay Commission recommendation w.e.f. 01.01.2006 was Rs.9300

– 34800 – 4700. The learned counsel for the petitioner states that one Mr.James

retired

Assistant Elementary Educational Officer who filed

W.P.(MD)No.11332 of 2011 was granted the benefit of the grade pay of

Rs.4900/- in G.O.Ms.No.242, Finance Department, dated 23.09.2015 and the

benefit already granted to the said James is to be extended to the writ petitioner.

Pursuant to the said Government Order reveals that the Government issued

order based on the Contempt Petition No.1717 of 2014 filed by Thiru.K.James

to implement the order dated 11.08.2015 in W.P.(MD)No.11332 of 2014.

5.Thus, it is clear that based on the order passed in the writ petition

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W.P.No.42232 of 2016

and based on the contempt petition filed, the Government issued orders.

Question arises, whether such an order passed in favour of an individual be

extended to all the employees who retired as Assistant Elementary Educational

Officer.

6.First of all, the petitioner was allowed to retire from service on

31.01.2006. His pension was fixed based on the last pay drawn and

accordingly, he was receiving the pension. The petitioner approached this Court

after a lapse of