Teacher claimed notional promotion to Graduate Teacher under G.O.Ms.No.136 (1999) and pay refixation, having been promoted only in 2007 and 2015. The Division Bench held the Government Order covered only Panchayat Union school teachers, not municipal school teachers like the appellant, and dismissed the writ appeal.
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.
W.A(MD)No.1650 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2024
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
W.A(MD)No.1650 of 2016
N.Mallika
....Petitioner/Appellant
Vs.
Dindigul District.
....Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order made in W.P(MD)No.14129 of 2016, dated 05.08.2016.
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For appellant : Mr.S.Karthik For Respondents : Mr.D.Sadiq Raja Additional Government Pleader
JUDGMENT
(Judgment of the Court was made by V.BHAVANI SUBBAROYAN,J.)
This Intra Court appeal is directed against the order passed by the writ Court, dated 05.08.2016 in W.P(MD)No.14129 of 2016.
2 . The writ petitioner/appellant has filed the writ petition seeking writ of mandamus directing the respondents to give promotion to him from Secondary Grade Teacher to Graduate Assistant Teacher Maths as per the G.O.Ms.No.136 dated 20.06.1999 and refixing the pay scale as per the seniority and educational qualification of the petitioner based on the representation, dated 14.08.2014.
W.A(MD)No.1650 of 2016
of Graduate Teacher. In the meanwhile, G.O.Ms.No.136, School Education Department, dated 20.05.1999 was issued providing promotion to Secondary Grade Teachers, who completed general studies along with degree in Education, as Graduate Teachers. In spite of the said Government Order, the case of the petitioner was not considered. However, after a long time, she was given promotion to the post of Graduate Teacher, on 18.12.2007 and she was further promoted as Middle School Headmaster, on 19.08.2015, after seven more years. It is her claim that the said Government Order has not been properly given effect to in her case.
petitioner had given any representation either in 2000 or 2005 seeking implementation of the said Government order in her favour. Secondly, at the time when the petitioner was given promotion to the post of Graduate Teacher on 18.12.2007, she has not accepted the said promotion under protest nor she made any claim that she should be given retrospective promotion by applying the said Government Order. Again, when she was given further promotion to the post of
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Middle School Headmaster on 19.08.2015, the petitioner has not given any representation stating that she should be given notional promotion to the post of Graduate Teacher on the basis of the said Government Order. Therefore, the petitioner cannot now canvass before this Court that she came to know about the issuance of the said Government Order, only in 2014, when the said Government Order was issued almost 17 years ago and dismissed the writ petition.
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the said Pension Rules and his pension calculation was made based on that rules. The appellant accepted the promotion as B.T.Assistant in the year 2007 without any objection and without any request for retrospective regularization. Even at the time of promotion as Middle School Headmaster, she did not raise the issue and has not given any representation regarding the notional promotion as B.T.Assistant. The appellant was silent till she came to know about the Government Order in the year 2014 and till that time she did not represent in any manner. Now, after 17 years, the appellant cannot raise the issue. As no valid reasons assigned or justifiable cause was shown to file a writ petition after 17 years.
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Graduate Teacher, on 18.12.2007 and she was further promoted as Middle School Headmaster, on 19.08.2015, after seven more years. It is her claim that the said Government Order has not been properly given effect to in her case.
20.05.1999 states as follows:
“njhlf;ff; fy;tpj; Jiwapy; Cuhl;rp xd;wpa eLepiyg; gs;spfspy; cs;s 100 ,ilepiy MrphpaH gzpaplq;fis 100 gl;ljhhp MrphpaH gzpaplq;fshf 1998-99 epjp Mz;bypUe;J epue;jukhf khw;wpf; nfhs;tjw;Fk;> mt;thW khw;wg;gLk; gzpaplq;fspy; 50 fzpj gl;ljhhp MrphpaHfisAk; 10 mwptpay; gl;ljhhp MrphpaHfisAk; gjtp caHT kw;Wk; Neubahf epakdk; %yk; nra;J nfhs;s mDkjp toq;fp murhiz epiy vz;.189> gs;spf; fy;tp> ehs; 4.6.98y; Miz ntspaplg;gl;lJ. jw;NghJ njhlf;ff; fy;tp ,af;FeH 1999-2000k; Mz;by; eLepiyg; gs;spfspy; cs;s 100 ,ilepiy MrphpaH gzp ,lq;fspy; 50 gzpaplq;fis fzpjg; gl;ljhhp MrphpaH gzpaplq;fshfTk; 50 gzpaplq;fis mwptpay; gl;ljhhp MrphpaH gzpaplq;fshfTk;
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khw;Wtjw;F mDkjp toq;ff;Nfhhp fUj;JU mDg;gp cs;shH.
2.njhlf;ff; fy;tp ,af;Fehpd; fUj;JU murpdhy; ghprPypf;fg;gl;L Vw;Wf; nfhs;sg;gl;lJ. njhlf;ff; fy;tpj; Jiwapy; Cuhl;rp xd;wpa eLepiyg; gs;spfspy; jw;NghJ cs;s 100 ,ilepiy MrphpaH gzpaplq;fis 100 gl;ljhhp MrphpaH gzpaplq;fshf &.5500-175-9200 vd;w Cjpa tpfpj Vw;w Kiwapy;> 1999-2000k; epjp Mz;bypUe;J epue;jukhf khw;wpf; nfhs;tjw;Fk;> mt;thW khw;wg;gLk; gzpaplq;fspy; 50 fzpj gl;ljhhp MrphpaHfisAk; 50 mwptpay; gl;ljhhp MrphpaHfisAk; gjtp caHT kw;Wk; Neubahf epakdk; %yk; nra;J nfhs;s mDkjpj;J muR MizapLfpwJ.
3.NkYk; ,j;jpl;lj;jpid 1999-2000k; Mz;by; 6>7>8 tFg;Gfspy; tUif GhpAk; nkhj;j khztH vz;zpf;if 100f;F Nkyhf cs;s Cuhl;rp xd;wpa eLepiyg; gs;spfspy; mKy;gLj;j Ntz;Lk; vd;W Miz gpwg;gpf;fg;gLfpwJ.
4.gl;ljhhp MrphpaH gzpaplq;fis me;je;j Cuhl;rp xd;wpa myfpy; gzpGhpe;J tUk; nghJf; fy;tpj; jFjp kw;Wk; njhopw;fy;tp jFjpfs; ngw;W gzpGhpe;J tUk; ,ilepiy MrphpaHfs; kw;Wk; mNj Cjpa tpfpjj;jpy; gzpGhpAk; rpwg;ghrphpaHfisf; nfhz;L gjtp caHT %yk; epug;gpf; nfhs;s muR MizapLfpwJ. me;je;j xd;wpaj;jpy; Nkw;Fwpj;j jFjpfs; ngw;W MrphpaHfs; gjtp caHT %yk; epug;Gtjw;F vtUk; ,y;iynadpy;> mg;gzpaplq;fis MrphpaH NjHT thhpak; %yk; gl;bay; ngw;W Neubahf epakdk; nra;J nfhs;sTk; muR MizapLfpwJ.”
136, School Education Department, dated 20.05.1999. The said Government
Order is not applicable to the teachers, who are working in the Municipal Corporation Schoos and it is only applicable to the teachers, who are working in the Panchayat Union Schools.
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[V.B.S.,J.] [K.K.R.K.,J.] 13.03.2024
Index : Yes / No Internet : Yes / No am
To
1.The Director of Elementary Education, DPI Compound, College Road, Nungampakkam, Chennai.
2.The District Elementary Educational Officer, District Elementary Educational Office, Dindigul, Dindigul District.
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V.BHAVANI SUBBAROYAN, J. and K.K.RAMAKRISHNAN,J.
am
JUDGMENT MADE IN W.A(MD)No.1650 of 2016
13.03.2024
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2 issues framed by the court
Whether the appellant was entitled to promotion as Graduate Assistant Teacher (Maths) under G.O.Ms.No.136 dated 20.06.1999 with retrospective effect.
Whether G.O.Ms.No.136 applied to teachers in municipal schools or only Panchayat Union schools.
N.Mallika
The Director of Elementary Education, Chennai
The District Elementary Educational Officer, Dindigul
V.Bhavani Subbaroyan
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
