Writ petition seeking extension of G.O.Ms.No.216 pay scale and pension benefits from 01.06.1988 dismissed as the issue had attained finality in an earlier Full Bench judgment where similar reliefs were granted retrospectively only from 01.03.2017.
No relief; petition dismissed due to finality of prior Full Bench decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.NO.19768 OF 2021
(Through Video Conferencing)
T.Angelin Selvarani
...Petitioner
Vs
1. The Government of Tamilnadu,
Rep by its Secretary to Government, School Education Department,
St.George Fort, Chennai – 9.
2. The Director of School Education,
College Road, Chennai – 34.3. The Chief Educational Officer, Vellore, Vellore District.
4. The Head Master,
Government Girl's Higher Secondary School, Panapakkam, Arakonam, Vellore District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, to direct the
1st respondent to extent the entire benefits of G.O.Ms.No.216
dated 22.03.1993 by revising petitioner's pay scale as well as
pension from 01.06.1988 onwards as per the petitioner's
representation dated 05.02.2020.
For Petitioner : Mr.M.Thamizhavel
For Respondents: Mr.L.S.M. Hasan Fizal
Government Advocate
ORDER
This writ petition has been filed to direct the 1st
respondent to extend the benefit of G.O.Ms.No.216 Finance (Pay
Cell) department, dated 22.03.1993 by revising the petitioner's
pay scale as pension from 01.06.1988 as per the petitioner's
representation dated 05.02.2020. G.O.Ms.No.216 Finance (Pay
Cell) department, dated 22.03.1993 was issued pursuant to an
order erstwhile Tamilnadu Administrative Tribunal in O.A.No.1625
of 1991 filed by Tamilnadu Government Office Assistant and
Tamilnadu Basic Service Assistant. As per the aforesaid
Government order, the government had accepted the order of the
Tribunal with the following:-
I.Government accept the direction of the
Tribunal that the post of Record clerk is not a
regular promotion post for the Office Assistants
for the reason that only persons with the
prescribed qualification are appointed to the
post of Record Clerk by transfer. Accordingly,
Government direct that the proviso to para 4 of
the Government Order second read above as
modified in Government Order fifth read above
shall not be applicable to the post of Office
Assistants and they shall be allowed
Selection/Special Grades as in Annexure-I to the
Government Order second read above.
ii.In respect of Secondary Grade Teachers
in High Schools there is not promotion post for
then as on 28.03.90 (I.e date of issue of the G.O
second read above), although there is promotion
post in Primary Schools. As a member of
uniformity, in respect of all Secondary Grade
Teachers, Government direct that the Teachers be
made eligible for Selection/Special Grade as in
Annexure-I to the G.O second read above.
2.The order of the Tribunal and the consequential
Government Order in G.O.Ms.No.216 Finance (Pay Cell) department,
dated 22.03.1933 was interpreted by this court in the context of
Secondary Grade Teachers and benefit of G.O.Ms.No.216 Finance
(Pay Cell) department, dated 22.03.1933 was allowed to Secondary
Grade Teachers who were also not having any promotional avenue.
3.The petitioner had also filed a writ petition earlier
in W.P.No.25152 of 2015 for the following relief:
To direct the 1st respondent to re-fix the
petitioner's scale of pay at Rs.2000-60-2300-75-
3200 with effect from 01.06.1988 as per
G.O.Ms.No.216 dated 22.03.1993 as per the
petitioner's representation dated 12.05.2015,
07.03.2015, 18.06.2015.
The relief in the present writ petition is also identical and
were accepted that the petitioner wants the respondent to re-
consider the decision in the light of the petitioner's
representation dated 05.02.2020.
4.The learned counsel for the respondent submits that the
said writ petition in W.P.No.25152 of 2015 was disposed by its
common order dated 09.12.2016 [2017 2 MLJ 257]. The
petitioner's case was Item No.2 & 3 in the aforesaid batch which
came to be disposed by the Hon'ble Full Bench of this Court.
5.The petitioner's case was Item No.2 and 3 in the
aforesaid batch of writ petition which came to be disposed by
the Full Bench of this Court with the following observations
which reads as under:-
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:
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 01.03.2017;
(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 extended to
the parties who are before this Court alone and
not fresh writ petitions would be entertained on
and from 09.12.2016;
(v)The Government is directed to expedite
the process of calculating and fixing the revised
pension and family pension and we do hope that
the Government will complete the same as early as
possible without making any further delay;
(vi)All the matters which are at SR stage
and listed before this Court are also ordered and
disposed of by this common order and
consequently, connected Mps thereof, are ordered;
39.With the above directions, all the
captioned matters, viz., Writ Appeals, Writ
Petitions, Review Applications are disposed of
and the Contempt Petitions are closed. There
shall be no order as to costs. Consequently, all
connected Miscellaneous Petitions are closed.
40.It is brought to be notice of this
Court that Writ Appeals in W.A.(MD).Nos.1325 to
1327 of 2016 which were tagged with the present
batch of matters inadvertently as they are not
pertaining to G.O.Ms.No.216, dated 22.03.1993.
Hence, the Registry is directed to de-link these
matters and post the same in regular course.
6.Since the issue has attained finality, this Court is
unable to give any relief to the petitioner, even though, the
aforesaid decision may affect the petitioner's interest as
compared to others who were able to secure a favourable orders
from this Court right from 2012.
7.This Writ Petition stands dismissed with the above
observations. No costs.
Sd/-
Assistant Registrar(CJ CONF)
// True Copy //
Sub Assistant Registrar
jas
To
1. The Secretary to Government,
The Government of Tamilnadu,
School Education Department,
St.George Fort, Chennai – 9.
2. The Director of School Education,
College Road, Chennai – 34.
3. The Chief Educational Officer, Vellore, Vellore District.
4. The Head Master,
Government Girl's Higher Secondary School,
Panapakkam, Arakonam,
Vellore District.
+1cc to Mr.M.Thamizhavel, Advocate, S.R.No.47437
+1cc to the Government Pleader, S.R.No.47863
W.P.No.19768 of 2021
AK(CO)
RLP(10/11/2021)
2 issues framed by the court
Whether the petitioner is entitled to updated relief given the Full Bench decision on identical reliefs in an earlier batch.
Whether the petitioner can claim arrears of revised pay under G.O.Ms.No.216 dated 22.03.1993 based on the prior Full Bench ruling.
Colour shows how this judgement treated each authority
Full Bench of this Court in W.P.No.25152 of 2015 batchExplained¶34
2017 2 MLJ 257
1 provisions across 1 enactments
T.Angelin Selvarani
The Government of Tamilnadu
The Director of School Education
The Chief Educational Officer, Vellore
The Head Master
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court