Allowed

The Secretary to Government v. G.Premalatha

Madras HC5 Jun 2024WA/2059/2022

Case brief

AI extract

What is this about?

Education Department appealed against a Single Judge order granting teachers special pay of Rs.750/- under G.O.Ms.No.23 based on a Madurai Bench decision. That precedent's writ appeal was later set aside in review by a Division Bench. Following the review order, the Division Bench set aside the writ court order and allowed the appeal.

What did the court decide?

Order of the writ court in WP No.6846 of 2021 dated 17.03.2021 set aside; writ appeal allowed; CMP No.15567 of 2022 closed; no costs.

The Secretary to Government Vs G.Premalatha — Pension and Retirement Benefits | Madras HC (2024)

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WA No.2059 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.06.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

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AND

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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WA No.2059 of 2022

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1.The Secretary to Government Education Department, Chennai

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2.The Director of Elementary Education Chennai

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3.The District Educational Officer Udumalpet, Thiruppur District

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4.The Block Educational Officer Udumalpet, Thiruppur District : Appellants

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versus

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1.G. Premalatha

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2.K. Makeswaran

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3.J. Menaka

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4.R. Thamilvannan

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5.P. Eswaran

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6.R. Ramasamy

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7.M. Balasubramanian

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1/7

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https://www.mhc.tn.gov.in/judis

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8.P. Eswarai 9.S.X. Sahayarathina Mary 10.K. Parthasarathi 11.P. Thirumoorthi 12.M. Radhakrishnan 13.T. Senthamil Selvi 14.G. Nagarajan 15.A. Prema 16.G. Shanthi 17.P. Mery Josaphin Dhanapackiy 18.V. Kaleeswari 19.K. Vasanthi 20.S. Eswari 21.D. Saradha Jaqulin 22.M.S.K. Amuthavan : Respondents

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PRAYER: Writ Appeal filed against the order of the learned Single Judge dated 17-03-2021 made in WP.No. 6846 of 2021.

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For the Appellants :Mr.U.M.Ravichandran, Special Government Pleader For the Respondents : No appearance for respondents 1 to 13, 15 to 22

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Not ready in notice regarding R-14

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JUDGMENT

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(Made by D.KRISHNAKUMAR, J.)

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This Writ Appeal is filed against the order of the learned Single Judge

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dated 17-03-2021 made in WP.No.6846 of 2021.

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https://www.mhc.tn.gov.in/judis

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WA No.2059 of 2022

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The respondents herein have filed the writ petition seeking to quash

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the proceedings of the fourth appellant/The Block Educational Officer dated 17.12.2020, and for a consequential direction to the appellants to sanction the personal pay of Rs.750/- to the respondents notionally with effect from 01.01.2006 and monetary benefits with effect from 01.01.2011 as per G.O.Ms.No.23 Finance (Pay Cell) Department dated 12.01.2011.

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The writ court, following the decision rendered by the Madurai Bench of this Court in WP No.(MD) 19240 of 2014 dated 02.01.2018, had allowed the writ petition. Challenging the said order, the appellant Department has preferred the present intra-court appeal.

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Learned Special Government Pleader appearing for the appellant Department would submit that challenging the order passed in WP No.(MD) 19240 of 2014 dated 02.01.2018, the appellant Department had filed an appeal in WA (MD) No.962 of 2018 before a Division Bench of this Court. The Division Bench, by judgment dated 29.04.2021, had dismissed the said writ appeal. Aggrieved by the aforesaid judgment passed by the Division 3/7

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https://www.mhc.tn.gov.in/judis

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WA No.2059 of 2022

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Bench, the appellant Department has filed a review application in Rev.Appl

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(MD) Nos.89 & 117 of 2021. The Division Bench, by a common order dated

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04.02.2022, has set aside the earlier judgment passed in the writ appeal and allowed the review applications by holding as follows:

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"40. As per G.O.Ms.No.270 Finance (Pay Cell) Department, dated 26.08.2010, special allowance of Rs.500/- to Secondary grade teachers from 01.08.2010 and as per G.O.Ms.No.23 dated 12.01.2011 Special Pay Rs.750/- has w.e.f., 01.01.2011.

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41. So, the writ petitioners who were all promoted before 01.08.2010 cannot claim special allowance and also special pay as per G.O.Ms.No.23 Finance (Pay Cell) Department, dated 12.01.2011. In writ appeals also all the respondents/writ petitioners were promoted before the crucial date i.e., 01.08.2010.

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Admittedly, benefit of G.O.Ms.No.270 not given (already promoted). So, G.O.Ms.No.270 and G.O.Ms.No.23 need not be combined.

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42. Due to wrong/false counter affidavit and G.O.Ms.No.234, dated 01.06.2009 and G.O.Ms.No.58 dated 25.02.2011 not being placed before the Writ Court could not consider other points.

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43 (i).Finally, these Review Applications are allowed by setting aside the order, dated 29.04.2021 made in W.A.(MD) No.962 of 2018 and order, dated 10.06.2021 made in W.A.(MD) No.1038 of 2020. No costs. Since W.A.(MD)

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https://www.mhc.tn.gov.in/judis

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WA No.2059 of 2022

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Nos.962 of 2018 and 1038 of 2020 are allowed, the order, dated, 11.02.2020 passed in W.P.(MD) Nos.19240 of 2014 and 16802 of 2015 are set aside.

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43(ii). Since the Review applications are allowed all the Writ appeals in W.A.(MD) Nos.1854 to 1859 of 2021 also allowed by setting aside the order, dated 03.06.2021 in W.P.(MD) Nos.9076, 9078, 9079, 9082, 9088 & 10750 of 2021. No costs. Consequently, connected Miscellaneous Petitions are closed."

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In the present case, the learned Single Judge has allowed the writ petition, following the order passed WP No.(MD) 19240 of 2014 dated 02.01.2018, and the same was confirmed by the appellate court and subsequently, the order passed in the said writ appeal came to be set aside by a Division Bench of this Court in Rev.Appl (MD) Nos.89 & 117 of 2021. Hence, we have no hesitation to interfere with the order passed by the learned Single Judge.

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In the light of the order passed in the review applications in Rev.Appl (MD) Nos.89 & 117 of 2021, the order of the writ court in WP No.6846 of 2021 dated 17.03.2021 is liable to be set aside and according, it

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WA No.2059 of 2022

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is set aside. Consequently, the writ appeal stands allowed. There shall be no order as to costs. CMP No.15567 of 2022 is closed.

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[D.K.K., J.] [K.B., J.] 05.06.2024 Index : Yes/No Neutral Citation : Yes/No mrn

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