Teachers promoted after 01.06.1988 as Primary School Headmasters are entitled to both arrears of pay and pension under G.O.Ms.No.207, as settled by binding precedent.

ORDER

The above writ petition is filed for the following relief :

“ To issue Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed of the 2^nd respondent made in his proceedings in Na.Ka.No.2200/C2/2010, dated 23.07.2010 in so far as it denies arrears of pay and the impugned order of the 3^rd respondent made in his proceedings in Na.Ka.No.1884/Aa1/2021, dated 27.12.2021 and quash the same and direct the respondents to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207, School Education (G2) Department, dated 30.09.2008 to the petitioner”

2. The case of the petitioner is that he was appointed as Secondary Grade Assistant Teacher on 01.06.1974 . Thereafter, he was promoted as Elementary School Headmaster on 11.12.1995 and had superannuated on 28.02.2008.

3. Before delving into the facts of the case in detail, it may be relevant to refer to the various Government Orders relating to pay fixation, relied upon by the writ petitioner and also the writ petitions filed before this Court challenging the said G.O.s.

4. The Government of Tamil Nadu by G.O.Ms.No.238, School Education (E2) Department, dated 26.06.1998 had directed that the B.T. Assistants working in High School are entitled to count their Selection Grade Secondary Grade Teachers service, for the purpose of pay fixation in the post of B.T. Assistant in Selection and Special Grade Scale of Pay on par with G.O.Ms.No.210 Personnel and Administrative Reforms (Pers) Department, dated 13.03.1987. This G.O.Ms.No.210 provides a concession that if the Selection Grade scale of pay of lower post is identical with the Ordinary Grade scale of pay of the promoted posts, then the services rendered in the Selection Grade scale of pay of the lower post can be counted and pay can be fixed in Selection Grade scale of pay of higher post.

5. After several representations and correspondences with the Department, the Government of Tamil Nadu issued G.O.Ms.No.212 dated 07.08.2000, extending the benefit of G.O.Ms.No.210 dated 13.03.1987 and G.O.Ms.No.238, dated 26.06.1998 to the Elementary School Headmasters in the Elementary Schools. This Government Order was issued with a rider that it would be subject to the result of the writ petitions in W.P.No.8896 of 1994 & etc., batch pending before this Court, inter alia which was filed challenging the G.O.Ms.No.300 dated 07.04.1994. In the aforesaid G.O.Ms.No.300, it was directed that the service in the post of Elementary School Headmaster alone should be taken into account for Selection Grade and Special Grade Pay for Elementary School Headmasters, and this was contrary to G.O.Ms.No.1381 dated 05.10.1990. In G.O.Ms.No.1381 dated 05.10.1990, the Government has directed that the services in Secondary Grade Teachers and Elementary School Headmasters can be taken together for Selection and Special Grade pay in respect of Secondary Grade Teachers who are in the position of Elementary School Headmaster as on 01.06.1988.

6. By an order dated 18.04.2001 in W.P.No.8896 of 1994 etc. batch, this Court had remitted the matter back to the Government for re-fixing the pay of Elementary School Headmasters, by holding that the Government should protect the scale of pay of Elementary School Headmasters.

7. In pursuance to the order of this Court in W.P.No.8896 of 1994 & etc., batch, the Government of Tamil Nadu issued G.O.Ms.No.185 dated 16.12.2002. This G.O.Ms.No.185 was subsequently challenged by the Elementary School Headmasters (who were holding the posts as on 01.06.1988) before this Court in a batch of writ petitions, on the ground that they were denied of the benefits in G.O.Ms.No.1381 dated 05.10.1990. During the pendency of the said writ petitions, the Government of Tamil Nadu issued G.O.Ms.No.160 dated 23.08.2005, inter alia restoring the benefits provided in G.O.Ms.No.1381 dated 05.10.1990 and conferred the same on the Elementary School Headmasters, holding the posts as on 01.06.1988. Consequently, the wri