S.R.Desappan v. Kakarla Usha Ias and 2 Others

Page1 of 11 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY AND THE HON'BLE MRS.JUSTICE N. MALA Cont P.No.2478 of 2026 and 1030, 743 and 952 of 2018 Cont P.No.2478 of 2026 S.R.Desappan ..Applicant(s) Vs

¶1Kakarla Usha IAS State Of Tamil Nadu Rep by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai -600009

¶2K.Nandakumar IAS (now at commissioner of School Education) The Director Of School Education (Higher Secondary) College Road, Chennai-06

¶3D.K.Sekar THE ACCOUNTANT GENERAL Accountant General Office (AandE), 361, Anna Salai, Teynampet, Chennai 18 ..Respondent(s) CONT P No. 1030 of 2018 Mr.K.Rajamani ..Petitioner(s) Vs

¶1Thiru.Pradeep Yadav, IAS Page2 of 11 Principal Secretary To Government School Education Department, Fort St.George, Chennai-600 009.

¶2Thiru.Elangovan Director Of School Education, Dpi Campus, College Road, Chennai -600 006. ..Contemnor(s) CONT P No. 743 of 2018

¶1G. Easwaran

¶2M. Vasantha

¶3S. Venkataraaman

¶4M. Nageshwari

¶5Palaniswami

¶6J. Kasthuri

¶7K. Govindarajan

¶8R. Veerammal

¶9Natchimuthu

10.P. Dharmalingam

¶11S. Sakunthala

¶12A.J. Radhakrishnan

¶13G.S. Subramani

¶14S. Indirani

¶15R. Mohan

¶16Robert M. Joseph

¶17V. Subramanian

¶18A. Adhimoolam

¶19K. Pichaiyapillai

¶20Namagiri.G.

¶21L. Alponsa

¶22D. Paneerselvam

¶23R. Renuka

¶24K.R.Nirmala

¶25V. Venkatesan

¶26M.R. Kamakshi

¶27A.P. Duraisamy ..Petitioner(s) Vs

1.Thiru. Pradeep Yadav, IAS Secretary To Government, School Education Department, Fort St. George, Chennai 600 009. Page3 of 11

2.Thiru. Elangovan Director Of School Education (Higher Secondary) College Road, Nungambakkam Chennai 600 006.

3.T.V.Senguttuvan The Chief Educational Officer, Vellore, Vellore District.

4.K.Chandrasekar The Chief Educational Officer, Tiruvallur, Tiruvallur district.

5.D.Rajandran The Chief Educational Officer, Chennai south, Chennai District.

6.A.Gnanagowri The Chief Educational Officer, Coimbatore, Coimbatore District.

7.V.Thamizharasan The Chief Educational Officer, Thanjavur, Thanjavur District.

8.R.Mahalingam The Chief Educational Officer, Perembalur, Permbalur District.

9.N.Ananthi The Chief Educational Officer, Tiruppur, Tiruppur District.

10.K.Selvakumar The Chief Educational Officer, Trichy, Trichy District.

11.K.P.Maheswari The Chief Educational Officer, Dharmapuri, Dharmapuri District. ..Contemnor(s) CONT P No. 952 of 2018

¶1G. Vasudevan

¶2T.C. Saroja Page4 of 11

¶3H. Dhanalakshmi,

¶4T.Devaki

¶5G. Prabhakara Reddy

¶6A. Periasamy

¶7A. Bakkiam

¶8D. Poongavanam

¶9Pachamma

¶10P. Karian

¶11S.K. Malliah

¶12R. Kasthuri

¶13H. Rajappa

¶14P. Arokia Mary

¶15G. Thilagavathy

¶16P. Kamala Selvi ..Petitioner(s) Vs

¶1Thiru. Pradeep Yadav, IAS Secretary To Government, School Education Department, Fort St. George, Chennai 600 009.

¶2Thiru. Elangovan Director Of School Education, DPI Campus, College Road, Chennai 600 006. ..Contemnor(s) CONT P No. 1030 of 2018 Contempt Petition filed under Section 11 of the Contempt Court Act to punish the respondents herein for having deliberately disobeyed the order dated

09.12.2016 passed by the full bench of this court in Review Application No.227 of 2015 in W.A.No.352 of 2014. CONT P No. 2478 Of 2026 Contempt Petition filed under Section 11 of the Contempt Court Act to punish the respondents for wilful disobedience of the order passed by this Court in W.P. No.26783 of 2015 order dated 09.12.2016. Page5 of 11 CONT P No. 743 of 2018 Contempt Petition filed under Section 11 of the Contempt Court Act to punish the respondents for the wilful disobedience of the order of this Court passed in R,A,No.227 of 2015 in W.A. No.352 of 2014 order dated 09.12.2016. CONT P No. 952 of 2018 Contempt Petition filed under Section 11 of the Contempt Court Act to punish the respondents herein for their having deliberately disobeyed the order dated

09.12.2016 passed by the Full Bench of this Court in Review Application No.227 of 2015 etc. batch in W.A.No.352 of 2014 batch. Cont.P.No.2478 of 2026 For Applicant(s): Mr.K.Karthikeyan For Respondent(s): Dr.R.Gouri Government Counsel for r1 & 2 Cont.P.No.743 of 2018 For Applicant(s): No appearance For Respondent(s): Dr.R.Gouri Government Counsel Cont.P.No.952 of 2018 For Applicant(s): Mrs.S.Suneetha For Respondent(s): Dr.R.Gouri Government Counsel for R1 & 2 Cont.P.No.1030 of 2018 For Applicant(s): Mrs.S.Suneetha For Respondent(s): Dr.R.Gouri Government Counsel for R1 & 2 Page6 of 11

COMMON ORDER [Order of the Court was made by S.M.SUBRAMANIAM J.] The present contempt petitions have been instituted to punish the respondents for their willful disobedience of the orders of the Full Bench of this Court dated 09.12.2016 passed in batch of review applications, writ appeals and writ petitions.

¶2The following orders are passed by this Court in paragraph 38, which is extracted hereunder, "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:

i) The Government is directed to implement the G.O.Ms.No.216, dated 22.3.1993 for the period between 1.6.1988 and 31.12.1995, on and from

1.3.2017 onwards in respect of all the Secondary Page7 of 11 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 22.3.1993 payable on and from 1.3.2017;

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 no 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 delav:

vi) All the matters which are at SR stage and listed before this Court are also ordered and disposed of by Page8 of 11 this common order and consequently, connected MPs thereof, are ordered;"

¶3Learned counsel for the petitioners would mainly contend that petitioners served as Secondary Grade Teachers and retired as such. However, the monetary benefits conferred by the Full Bench under G.O.Ms.No. 216, Finance (PC) Department, dated 22.03.1993 have not been extended to these contempt petitioners.

¶4Learned Government Counsel appearing on behalf of the respondents would oppose by stating that cases of all the petitioners were considered by the competent authorities and on verification of service particulars, it is found that they are not eligible to avail the benefits conferred under G.O.Ms. No. 216, dated 22.03.1993. The reason stated is that the petitioners served as Secondary Grade Teachers in Middle School and benefits of G.O.Ms. No. 216 is extended only in respect of Secondary Grade Teachers served in Government High School and Higher Secondary Schools. Thus, the application made by these petitioners were rejected.

¶5The reason stated by the Government falls under the directions issued by the Full Bench in Paragraph No.38(i), which states that Government is directed to implement the G.O.Ms.No.216, dated 22.03.1993 in respect of all Secondary Grade Teachers of High schools/ Higher secondary schools, including Special Teachers who attained Selection grade/Special Grade during the above said period on par with the pay scale of Primary School Page9 of 11 Headmaster.

¶6In the present case, none of the petitioners served as Secondary Grade Teachers either in High schools/ Higher secondary schools, nor they had served as Special Teachers.

¶7That being the factum, there is no willful disobedience established warranting initiation of further action under the Contempt of Courts.

¶8Thus, the contempt petitions are closed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (S.K.R.,J.) (N.M.,J.) 02-07-2026 Index: Yes/No Speaking/Non-speaking order GD Page10 of 11 To

¶1The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Chennai -600009

¶2The Director of School Education, (now at commissioner of School Education) (Higher Secondary) College Road, Chennai-06.

¶3The Accountant General, Accountant General Office (AandE), 361, Anna Salai, Teynampet, Chennai 18.

¶4The Principal Secretary to Government School Education Department, Fort St.George, Chennai-600 009.

¶5The Director of School Education, DPI Campus, College Road, Chennai -600 006. Page11 of 11 S.M.SUBRAMANIAM J. AND SENTHILKUMAR RAMAMOORTHY J. AND N.MALA J. GD Cont P.No.2478 of 2026 and 1030, 743 and 952 of 2018 02-07-2026