The Director of Elementary v. J.Sellathai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2023 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)Nos.1,2 & 2 of 2015

1.The Director of Elementary Education, College Road, Nungambakkam, Chennai.

2.The District Elementary Education Officer, Madurai District, Madurai.

3.The Additional Assistant Elementary Educational Officer, Tirumangalam, Madurai District. ...Appellants in all appeals /Vs./

1.J.Sellathai

1.A.Kanaga Rathinam

1.E.Rathinam ...1st respondent in all appeals

2.The Accountant General Office of the Accountant General, (Accounts and Entitlements), 261, Anna Salai, Chennai. ...2nd Respondent in all appeals COMMON PRAYER:- Writ Appeals - filed under Clause XV of Letters Patent Act, to set aside the order dated 24.11.2014 passed in W.P.

(MD)Nos.13385, 13393, 13397 of 2009 and allow the Writ Appeals. For Appellants :Mr.V.Om Prakash (in all appeals) Government Advocate For Respondents :Mr.J.Gunaseelan Muthaiah (R1) (in all appeals) Mr.P.Gunasekaran (R2) (in all appeals) COMMON JUDGMENT (Judgment of the Court was made by DR.ANITA SUMANTH, J.) These writ appeals have been filed by the officials of the Department of Elementary Education challenging the order of the Writ Court dated 24.11.2014. We have heard Mr.V.Om Prakash, learned Government Advocate for the appellants, Mr.P.Gunasekaran, learned counsel for the office of the Accountant General and Mr.J.Gunaseelan Muthaiah, learned counsel for the private respondents / writ petitioners.

¶2The writ petitions had been filed challenging orders passed by the Department of Elementary Education and seeking a direction to the office of the Accountant General to revise scale of pay of the petitioners in Special Grade Pay Scale of Primary School Headmaster on and from 27.06.1997, 25.06.1997 and 13.07.1997 respectively and accordingly, pay over arrears of salary refixing the pension date with all consequential benefits.

¶3The writ petitioners had relied on G.O.Ms.No.207, School Education (G2) Department, dated 30.09.2008. The Writ Court had allowed the claim of the writ petitioners noticing that the office of the Accountant General had conceded to their claim citing G.O.Ms.No.207, School Education (G2) Department, dated 30.09.2008. The G.O. stated that pay of persons who had been promoted as Headmaster after

01.06.1988 shall be refixed in terms of G.O.Ms.No.160, School Education (G) Department, dated 23.08.2005.

¶4Their contention had been that selection / special grade had to be fixed in scale of pay of Headmaster by counting 10/20 years of service in Secondary Grade from time of appointment as secondary grade teacher and thereafter as Headmaster from the date of appointment in that post. The Writ Court refers to a decision of the Division Bench of this Court in W.A.(MD)No.815 of 2010 and batch (order dated 07.07.2011) to the effect that those writ petitioners had been granted benefits similar to what had been sought by the present writ petitioners.

¶5The Writ Court proceeded on the premise that pay of persons holding the post of Headmaster as on 01.06.1988 should be refixed by counting their service as Secondary Grade Teacher in Selection Grade and Special Grade. In such a instance, the petitioners had, on date of promotion as Headmaster of Elementary School, completed tenure in excess of 10 years being 16 years, 14 years and 14 years respectively completing 22 years, 15 years and 18 years respectively, as on date of their retirement. The Writ Court thus concluded that the entirety of the period of past service was to be counted for the purpose of granting the selection / special grade as on date of their promotion as Headmaster.

¶6The details of the relevant dates in cases of all writ petitioners is tabulated as under: S. Case Teachers name, Designation & School Date of appointment with scale of pay Sec Gr Teacher Primary School Head Master Date of Selection Grade & Pay Date of Special Grade & Pay Date of Proposal as Head master & Scale of Pay Date of selection Grade & Pay Date of Retirement WP

(MD) No. 1338 J.Chellathai, Headmistress, Pups, Kandai

04.10.1971 (65-1-70-2-90) Rs.475/- (400-15-49 0-20-650-2 5-700)

07.06.1981 Rs.1700/- (1640-60-2 600-75-29 00)

08.06.1991

27.06.1997 Rs.2060/- (1640-60-2 600-75-29 00) Rs.7100/- (6500-200-10 500) w.e.f

01.09.1998 (As per GO 212)

31.05.2003 WP

(MD) No. 1339 A.Ganagarathinam, Headmaster, Pups, Alagusirai

02.10.1973 (65-1-70-2-90) Rs.490/- (400-15-49 0-20-650-2 5-700)

02.10.1983 Rs. 1760+40/- (1640-60-2 600-75-29 00)

02.10.199

25.06.1997 Rs.2000/- +Rs.40 PP (1640-60-2 600-75-29 00) Rs.7100/- (6500-200-10 500) w.e.f

01.09.1998 (As per GO 212)

30.11.1998 WP

(MD) No. 1339 I.Rathinam, Headmaster, Pups, Alagusirai

01.06.1974 (65-1-70-2-90) Rs.510/- (400-15-49 0-20-650-2 5-700)

01.06.1984 Rs. 1820+30/- (1640-60-2 600-75-29 00)

01.06.1994

13.07.1998 Rs.6375/- (5500-175-900) Rs.7100/- (6500-200-10 500) w.e.f

01.09.1998 (As per GO 212)

28.02.2000

¶7In all cases, appointments were in the 70's and the writ petitioners have been granted selection and special grade even prior to their promotion as Headmaster of Elementary School. Writ petitioners have relied on G.O.Ms.No.207, School Education (G2) Department, dated 30.09.2008. The relevant portion of the GO reads as under:- "7.,jid muR ehd;F Ma;t[ bra;J cah;ePjpkd;w jPh;g;gpd; mog;gilapy; nkny gj;jp 6y; cs;s bjhlf;ff; fy;tp ,af;Fehpd fUj;JUtpid Vw;W> mjd;go murhiz (epiy) vz; - 38 gs;spf;fy;tp ehd; 05.03.2001y; cs;s Mizfis fzf;fpy; bfhs;shky; murhiz (epiy) vz; - 185 gs;spf;fy;tp ehs; 16.12.2002 kw;Wk; murhiz

(epiy) vz; - 160 gs;spf;fy;tp ehs; 23.08.2005 Mfpa murhizfsi gad;gLj;jp 01.06.88f;F gpd;g[ bjhlf;fg; gs;sp jiyik Mrphpah;fshf gjpt[ cah;t[ bgw;wth;fSf;F njh;t[ epiy / rpwg;g[ epiy tHq;fp Cjpa eph;zak; bra;J jpUj;jpa Xa;t{jpag; gyd;fs; bgw mDkjpj;J muR Miz btspapLfpwJ."

¶8There is no indication whatsoever for the grant of a double benefit to a candidate in respect of selection and special grade. The only benefit extended under the GO relates to the grant of one instance of selection and special grade pay, which in this case, has been granted already to the writ petitioners.

¶9Writ petitioners rely on the decision of the Full Bench in a batch of Review Applications in Rev.Aplc.227 of 2015 etc., batch (Order dated 09.12.2016). Those review applications were filed by candidates, who were seeking grant of selection and special grade to Headmaster by counting their service as Secondary Grade Teachers and such benefit was granted.

10.That decision would have no bearing in the facts and circumstances of the present cases, where the writ petitioners have already been the beneficiaries of selection and special grade pay. The grievance of the candidates in that batch of writ petitions was that neither their service as Secondary School Teacher nor as High School Headmaster, taken separately, had been sufficient to avail benefit of selection / special grade of pay.

¶11It was in such a situation that an exception had been made and their plea accepted, granting them the benefit of selection/special grade pay counting the entirety of their service as secondary school teacher and headmaster, taken together. That situation does not arise in the present case since the service of the writ petitioners as secondary grade teachers has itself been sufficient to enable them to receive both selection and special grades of pay.

¶12The question of counting that service yet again for grant of one more round of selection / special grade of pay in the post of High School Headmaster does not arise. The order of the writ Court is reversed and the appeals of the state are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. [A.S.M.J.,] & [R.V.J.,]

31.07.2023

NCC :Yes/No Index :Yes/No Internet :Yes sm

DR.ANITA SUMANTH, J. AND

R.VIJAYAKUMAR, J. sm Common Judgment made in Dated:

31.07.2023