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2025 Supreme(Online)(Mad) 64180
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.Vinod Kumar, J
P.Suguna Raman – Appellant
Versus
The State of Tamil Nadu – Respondent
W.P.Nos.22259, 22382 of 2019 | WMP.No.21712 of 2019
For the Appellants/Petitioners: Mr.K.Arumugam
For the Respondents: Mr.C.Gauthomaraj, GA
The entitlement to salary and pension benefits based on notional promotion is only effective prospectively from the date of government order issuance.
Headnote:(A) Constitution of India - Article 226 - Writ petitions concerning denial of arrears of pay and pension for upgraded post of HOD - Court emphasized the prospectivity of GOs concerning notional promotion and payment of benefits only after issuance of relevant government orders. (Paras 6, 18, 26)
(B) Promotion and Salary Arrears - Legal entitlement to salary based on notional promotion does not apply to those who retired before the relevant date - The court ruled that petitioners qualified for upgraded status but monetary benefits only accrue post-GO issuance. (Paras 18, 32)
Facts of the case:
Petitioners, retired teachers, claimed for arrears of pay based on an upgrade to HOD status. Their promotions occurred before the relevant GOs and they sought benefits dating to notional promotion as per retrospective claims. Respondents contended against the legitimacy based on service timelines.
Findings of Court:
While the petitioners were notionally promoted, benefits were ruled to only apply post-GO issuance on 27.08.2009, thus restricting pension benefits to applicable timelines. Monetary benefits calculation deferred till 07.12.2012 lacked valid enforcement.
Issues: Main issues revolved around claims for salary arrears based on a notional promotion scheme and its effective date relevance for pension calculations.
Ratio Decidendi: The court determined that the notional promotion only receives relevant benefits post-GO issuance and cannot extend retroactively to retirees before the specified date, emphasizing the legality and fixation agenda of government orders.
Result: Writ petitions partially allowed for selective pension arrears.
| Table of Content |
|---|
| 1. claims for upgraded hod benefits based on notional promotion. (Para 4 , 5 , 6) |
| 2. prospectivity of gos limits eligibility for retrospective monetary claims. (Para 18 , 19 , 20) |
| 3. regulations govern entitlement for salary and pension to retired staff. (Para 23 , 24 , 30) |
| 4. court acknowledges partial eligibility for pension arrears post-go. (Para 32 , 33) |
COMMON ORDER
Since, the issue involved in both the writ petitions is one and the same, they are being disposed of by this common order.
2. Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents and perused the records.
3. For ease of reference, the facts as stated in WP.No.22259 of 2019 is taken for consideration.
4. The case of the petitioner in brief is that he had joined service on 01.08.1972 as Instrumental Mechanic and was promoted as Instructor in the year 1982 and Associate Lecturer in 1985 and to the post of upgraded Senior lecturer in the year 1995 and retired from service on 31.12.2008.
5. It is the case of the petitioner that from the post of upgraded senior lecturer as there was no further promotion avenues, an upgraded post of Hed of Department (for short 'HOD') under GO.Ms.No.337 Higher Education (C2) Department dated 27.08.2009 ; that the aforesaid upgradation scheme is given effect from the date of issuance of GO; and that the Government, considering the request made by the Tamil Nadu Government Polytechnic College Teachers' Association and Federation of Government aided Polytechnic College Teachers Association, had issued clarification vide GO.Ms.No.4 Higher Education (C2) Department dated 12.01.2010 implementing the GO.No.337 from the date of completion of 10 years with notional fixation and monetary benefits from the date of issuance of the GO.
6. It is the further case of the petitioner that since he had completed 10 years of service as upgraded senior lecturer in the year 2005, he was entitled for notional promotion as HOD from 19.06.2005 onwards till the date of attaining the age of superannuation and having retired from service on 31.12.2008.
7. The petitioner contended that though the respondents have granted him notional promotion as HOD, the monetary benefits attached to the upgraded post of HOD have been granted only w.e.f. 07.12.2012 and not from the date of fixation of the notional promotion i.e, 19.06.2005; that the petitioner is entitled for arrears of pay from the date on which he is entitled for notional promotion including associated monetary benefits till the date of superannuation and also pensionary benefits on the basis of notional pay from the date of attaining the age of superannuation; and that the date of 07.12.2012 adopted by the respondents for granting him pensionary benefits on the basis of notional promotion, has no valid basis or sanction in law.
8. Insofar as the petitioner in WP.No.22382 of 2019 is concerned, it is contended that the petitioner had attained the age of superannuation and retired from service on 30.04.2007.
9. Counter affidavit on behalf of the respondents is filed.
10. On behalf of the respondents it is contended that the petitioner had joined the service as Instrumental Mechanic initially and has been granted periodic promotions and was promoted to the post of upgraded senior lecturer in the year 1995 and continued till he had attained the age of superannuation and retired from service on 31.12.2008.
11. On behalf of the respondents it is contended that the Government as a concessionary measure had issued GO.Ms.No.337 dated 27.08.2009 by creating an upgraded post of HOD; that the petitioner was not in service on the date when the aforesaid GO was issued; that the Government considering the representation made by the Polytechnic College Teachers Association, had extended the benefit of upgradation given vide GO.Ms.No.337 vide GO.Ms.No.4 dated 12.01.2010 implementing the same with effect from the date of completion of 10 years with notional fixation and monetary
