BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2025 CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI E.Parameswari ... Petitioner Vs

1.The Secretary to Government, School Education Department, Secretariat, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 009. 3.The Chief Educational Officer, Office of the Chief Educational Officer, Trichy District, Trichy.

4.The District Educational Officer, Office of the District Educational Office, Lalgudi, Trichy District.

5.The Headmaster, Government Higher Secondary School, Oomandthoor, Manachanallur Taluk, Trichy District. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to disburse the revised arrears of salary and other benefits to the petitioner's husband namely M.Ekambaram who died on 20.06.2012 for the period of 16.11.1993 to February 2017 with nominal interest to the Petitioner based on the representation dated 28.12.2021, within the time stipulated by this Court.

For Petitioner : Mr.V.Selvakumar For Respondents : Mr.M.Sarangan Additional Government Pleader

O R D E R

The petitioner is the wife of one Ekambaram, who served as Secondary Grade Teacher and retired on 31.01.2006. The said Ekambaram died on 20.06.2012. The Government of Tamil Nadu has issued Government orders in G.O.Ms.No.216, Finance Department, dated 22.03.1991 and G.O.Ms.No.90, School Education Department, dated 09.05.2018, wherein, it was stated that those employees, who worked as Secondary Grade Teachers from 01.01.1988 to 31.12.1995, are entitled to 5^th Pay Commission revised pay scales equivalent to that of Headmaster of the Elementary School. Therefore, the petitioner, by referring the said Government orders has filed this writ petition seeking a direction to the respondents to disburse the revised arrears of salary and other benefits to her husband, who served as Second Grade Teacher, for the period from 16.11.1993 to February 2017, together with interest, by considering her representation dated 28.12.2021.

2. Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents 1 to 4, submits that the pay anomaly has been decided by the Hon'ble Full Bench of this Court in Government of Tamil Nadu, Rep. by the Secretary, School Education Department, Fort St. George, Chennai and others vs. G.Eswaran and others, reported in (2017) 2 MLJ 257 (FB)

wherein, it has been held as follows:

38. Today, when the matters are taken up for consideration, keeping in mind the financial strain that would fall on the State exchequer in the event of implementation of the G.O., and in order to give a quietus to the issue, we feel it appropriate to fix the date as 01.03.2017 from which date onwards, the Government shall calculate and revise the pension and family pension (without arrears) based on the revised scales of pay by implementing the G.O., for which, the learned Advocate General and the learned counsels appearing for the Teachers have fairly acceded to the same. Accordingly, we pass the following:

(i) The Government is directed to implement the G.O.Ms.No.216, dated 22.03.1993 for the period between 01.06.1988 and 31.12.1995, on and from 01.03.2017 onwards in respect of all the Secondary Grade Teachers of High/Higher Secondary Schools including the Special Teachers who attained Selection grade/Special grade during the above said period, on par with the pay scale of Primary School Headmasters;

(ii) Consequently, the Government shall calculate and revise the pension of those who retired from service and revise the family pension in respect of those who expired, based on the revised scales of pay in terms of G.O.Ms.No.216, dated

22.03.1993 payable on and from 1.3.2017;

(iii) It is made clear that the beneficiaries under this order, are not entitled to the arrears of revised pay scales;

(iv) It is further made clear that the benefits as directed above, shall be