R.Malarkodi, v. Mr.K.Shanmugam, Ias.,

ORDER (Order of the Court was made by G.Arul Murugan,J) All these contempt petitions arise alleging wilful disobedience of the common orders dated 04.02.2015 and 16.02.2015, passed in a batch of writ petitions.

¶2The issue in respect of applicability of G.O.Ms.No.216, Finance (PC) Department, dated 22.03.1993 extending the benefit of Special Grade and Selection Grade to the employees was considered and several orders came to be issued. Contempt is alleged to have been committed in two such orders.

¶3The batch of cases were disposed of allowing the claim, by observing that since petitioners therein have approached the Court with delay and laches, they will not be entitled to any arrears. However, their claim of entitlement would be considered by the State afresh, on merits.

¶4The entire issue was re-visited by the Hon'ble Full Bench of this Court pursuant to the Review Applications filed by the State in Government of Tamil Nadu v. G.Eswaran1, wherein, after considering all the issues, passed the following order:

¶38Today, when the matters are taken up for consideration, keeping in mind the financial strain that would 1 2017 (1) CWC 561 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 Counsel 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 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 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 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;

¶5The Full Bench considered the issue regarding the applicability of G.O.No.216 dated 22.03.1993 and held that the G.O. shall be made applicable on and from 01.03.2017; for the persons who had retired from service, to calculate and revise the pension; and for those who expired, to revise the family pension, based on the revised scales of pay.

¶6On a perusal of the decision of the Full Bench, wherein, directions have been issued in respect of eligibility and applicability of G.O.Ms.No.216 dated 22.3.1993, it is clear that the common orders dated 04.02.2015 and 16.02.2015, which are alleged to have been disobeyed, stood modified by the order of the Full Bench and therefore, there is no disobedience of the orders and thus, no contempt arises in these contempt petitions.

¶7It is also brought to our notice that the order of the Full Bench was taken on appeal before the Supreme Court in SLP(C) No.6006 of 2019 in the case of R.Vanaja Manohari v. The Government of Tamil Nadu, wherein, the Supreme Court, by order dated 03.02.2026, while confirming the order of the Full Bench, modified only paragraph 38(iv) of the order and disposed the appeal with directions to the State to settle the benefits of G.O. to appellants therein.

¶8Further, the learned Government Pleader brought to the notice of this Court that pursuant to the Full Bench order, the Government has issued G.O.Ms.No.90, School Education, dated

09.05.2018 extending the benefits to all the eligible persons who are covered under the Full Bench decision.

¶9In view of the above, the contempt petitions could not be maintained. Accordingly, these contempt petitions are closed. We leave it open to petitioners to make necessary representations before the State seeking the benefits of G.O., which would be considered in the light of the decision of the Full Bench and the orders passed subsequently, on its own merit. (SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)

15.07.2026

kpl

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl)

15.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.07.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Cont.P.No.3049 of 2016 R.Malarkodi, D/o.N.S.Rangasamy, 1, Dhanalakshmi Nagar, Vibeeshnapuram, Ammapet Post, Chidambaram, Cuddalore District-608 401. Vs Cont.P.No.3051 of 2016 1. M.Ponnambalam 853, Vallalar Nagar, Vallampadugai Post 608 401, Chidambaram Taluk, Cuddalore District. 2. P.Seran, 327, T.V.K.Salai, Siva Jothi Nagar, Chidambaram-608 001, Cuddalore District. Vs Cont.P.No.3052 of 2016 R.Jayalakshmi, D/o.R.Chandrasekaran, No.311, Raj Paris, Crystal Spring Apartments, Mambakkam Main Road, Madambakkam, Chennai-600 126. Vs Cont.P.No.3053 of 2016 M.Ramasundaram 4/120, Nehru Street, Vaniya Colony, Akkoor-609 301, Nagapattinam District. Vs Cont.P.No.3054 of 2016 1. M.Annamalai, S/o.P.V.Manicka Udaiyar, 3/704, V.O.C. Street, Arasu Uzhiyar Nagar, Kandamanadi, Villupuram Dt-605 401. 2. P.Parasakthi D/o.Ponnusamy Chettiyar, No.2, Sankar Nagar, Arasu Uzhiyar Nagar, T.P.T.C.Nagar, Kandhmanadi Po, Villupuram-605 401. 3. N.Rajalakshmi, D/o.N.Natesa Mudaliar, No.3/704, V.O.C. Street, Arasu Uzhiyar Nagar, Kandamanadi, Villupuram Dt-605 401. 4. M.Brinda Bai, D/o.Mathavan, No.20 H/5, Main Road, Vannarapalayam, Cuddalore-607 001. Cuddalore Dt. 5. R.Vathsala, W/o.R.Gopalakrishnan, No.51, Sharmila Avenue, Vibeeshnapuram, Ammapettai, Chidambaram, Cuddalore District. 6. T.Gowri, W/o.M.Ganesan, 11/5, Meikaval Street, Chidambaram-608 001, Cuddalore District. Vs Cont.P.No.3055 of 2016 M.Arokiasamy, S/o.Y.Micheal, 3/51, St.Antony Church Street, South Poigainallur PO, Nagapattinam-611 111. Vs Cont.P.No.3056 of 2016 S.Thirugnanasambandam, S/o.Sarangabani, 3/5, Venkateswara Illam, Mandakkara 2nd Street, Mannarkudi-614 001. Vs Cont.P.No.3057 of 2016 1. S.Ganesanaar, S/o.V.Subramaniam, 3/648, Arulagam Main Road, Painganadu-614 020, Mannargudi Taluk, Thiruvarur District. 2. J.Tamilarasan, S/o.S.Jayaraman, At 4/74-2, Ayyappan Nagar, Ashesam, Mannargudi-614 001, Thiruvarur District. Vs Cont.P.No.3058 of 2016 1. M.Malarvizhi, D/o.M.Marimuthu, 354/223, II Cross Street, Muthiah Nagar West, Chidambaram-608 002. 2. H.Jayalakshmi, D/o.Harikrishnan, 38 A/28-C-20 Point Nagar, (Via) O.P.Main Road, Annamalai Nagar & Post, Chidambaram-608 002. Vs Cont.P.No.3059 of 2016 M.Sivagamu, W/o.K.Pandurangan, 333/44-Periyar Nagar Bus Stop, Vriddhachalam, Cuddalore District. Vs Cont.P.No.3060 of 2016 P.Subramanian, S/o.Pavadai, No.3, Nehru Street, NGGO Nagar, Thirukovilur Post and Taluk, Villupuram District. Vs Cont.P.No.3061 of 2016 S.Gnanasekaran, S/o.Sundaresan, No.9, 2nd Street, Ganapathy Puram, Pallikkaranai-600 100. Vs Cont.P.No.3062 of 2016 1. D.Jeevarathnam S/o.D.Dhanabal, 6/174-2, Indian Nagar, Poravacheri Sikkal Post, Nagapattinam District-611 108. 2. S.Ganesan, S/o.P.Samiappa Mudaliar, No.9, Ground Floor, Jayalakshmi Nagar, Puzhuthivakkam, Chennai-600 091. Vs Cont.P.No.3063 of 2016 1. E.Ganesan, S/o.Erulappan, 16, Vadamalai Rastha, Vedaranyam Taluk, Nagapattinam District-614 810. 2. P.Hajamohideen, S/o.Packiri Mohamed, Pallivasal Street, Thalnayar, Vedaranyam Taluk, Nagapattinam District-614 712. 3. D.Govindaraj, S/o.Dharmaiyan, 3/520, Pudupalli (East), Pudupalli PO, Keelvelur Taluk, Nagapattinam District-611 112. 4. P.Muthukrishnan, H/o.Late M.Andal, 27, Elancheran Nagar, Velippalayam, Nagapattinam District-611 001. 5. S.Chithiravelu, S/o.Subbaiyan, 2/65, Nadu Salai, Nagakkudaiyan & PO, Vedaranyam, Nagapattinam District. 6. R.Natarajan, S/o.Ramasamy, Vanavan Mahadevi (West), Vellapalam PO, Vettaikkaraniruppu, Nagapattinam District-611 112. 7. G.Thulasi, D/o.M.Ganapathy, No.1/21, Perumal South Lane, Nagore, Nagapattinam District-611 002. 8. R.S.Sankar, S/o.R.Santhanam, 1/134, North Street, Valivalam PO, Thirukuvalai Taluk, Nagapattinam District-610 207. Vs Cont.P.No.3064 of 2016 M.Kandasami, S/o.Murugaiyya Thevar, Plot No.105, Pallavan Nagar Main Road, Maduravoil, Chennai. Now residing at: 7,