Continuing wrong exception to laches permits belated Selection Grade claim for pension benefits post-school closure absorption.

JUDGMENT:

M.JOTHIRAMAN, J.

Under assail is the order passed in WP.(MD)No.11686 of 2022 dated 25.09.2025.

2.The respondent/writ petitioner has filed the above writ petition challenging the order passed by the second appellant / Director of Elementary Education dated 25.04.2022 rejecting the writ petitioner's request to place him in the scale of pay of Rs.6500-200-10500 ie., Headmaster (Selection Grade) as on 25.11.2002 and reckon the same into all retirement benefits on par with the similarly placed persons. The Writ Court held that though the writ petitioner approached this Court belatedly, being a pensioner, the claim made by him on account of the non grant of Selection Grade in the Primary School Headmaster cadre only for the purpose of the petitioner getting the future pensionary benefits and also concluded that no fault on the part of the writ petitioner. The Writ Court quashed the impugned order dated 25.04.2022 and directed to award Selection Grade to the writ petitioner in the Primary School Headmaster cadre as on 25.11.2002. It is also held that the writ petitioner is not entitled to receive any monetary benefits and he shall be entitled only for the further monetary benefits. Aggrieved over the same, the respondents/State has preferred the present writ appeal.

3.It is the case of the writ petitioner that he joined as Secondary Grade Teacher on 27.09.1982. He was promoted as Headmaster on 26.11.1992. In view of the closure of Primary School on 18.01.2000, he was absorbed as Secondary Grade Teacher on 19.01.2000. There are vacancies of Headmaster post available in the Virudhunagar District. Though he made a request to accommodate him as Headmaster, no orders were passed. While so, he attained superannuation on 31.05.2012. He is eligible to get Selection Grade in the post of Headmaster on 25.11.2002, on completion of 10 years of service and accordingly, his scale of pay ought to have been fixed as Rs.6500-200-10500. The State Government clarified the pay anomaly for similarly placed persons directing to fix in the scale of pay of Primary School Headmaster vide G.O.(Ms)No.372, dated 19.03.1987, G.O.(4D)No. 23, dated 25.11.2011 and G.O.(4D)No.10, dated 09.03.2012. He made a representation to the appellants herein for awarding Selection Grade for the post Headmaster. The second appellant declined to place him in the cadre of Headmaster ie., Selection Grade as on 25.11.2002.

4.The appellants/respondents have filed their counter affidavit by reiterating the contents of the impugned order and also rejected the writ petitioner's claim that he is not eligible to award Selection Grade as Primary School Headmaster, as he is not completed 10 years of service wherein he worked as Primary School Headmaster.

5.The learned Additional Government Pleader appearing for the appellants would submit that the writ petitioner was reverted as Secondary Grade Teacher by an order dated 10.01.2000 and he was readily accepted the said order and joined as Secondary Grade Teacher. He cannot taken 'U' turn and claim as Primary School Headmaster for the period he worked as Secondary Grade Teacher. The Writ Court ought to have seen that orders in G.O.10(4D), School Education Department dated 09.03.2012 was on a different footing and the same was issued on behalf of specific incumbents, who faced reversion on account of upgrading the existing Middle Schools. The respondent having retired from service in the year 2012 itself, cannot seek any benefits of awarding Selection Grade as on 25.11.2002, since, the respondents submitted only on 21.08.2020. Hence, claim is barred by the delay and latches.

6.Per contra, the learned counsel appearing for the respondent would submit that non awarding of Selection Grade in the Primary School Headmaster cadre is ag