BOSE.S vs THE SECRETARY TO GOVT.,

Court
Madras High Court

WP(MD) No. 7173 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 7173 of 2021
CNR:{HCMD010277132021}
S .Bose
..Petitioner(s)
Vs
1. The Secretary to Government,
School Education Department,
Secretariat,
Chennai 600 009
2. The Director Of Elementary Education,
Dpi Complex,
College Road,
Chennai 600 006
3. The District Educational Officer
O/o. District Educational Officer,
Virudhunagar District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus to
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call for the records relating to the impugned order of the 3 respondent in
Na.Ka.No.3777/A3/2020 dated Nil.01.2021 signed on 1.3.2021 quash the
same and consequently direct the respondents herein to implement the
order of the Honourable Division Bench made in WP(MD).No.4918 of
2014 etc., dated 27.7.2015 directing the respondents to extend the benefit
of Government Orders in G.O.Ms.No. 210 dated 14.08.2009 to the
petitioner. (Prayer amended vide court order dated.13.08.2024 in
WMP(MD).14355/2024 in WP(MD).7173/2021 by AQJ)
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WP(MD) No. 7173 of 2021
For Petitioner(s) :M/s K.Appadurai
For Respondent(s) :M/s.W.Pamelin
Additional Government Pleader
for R1 to R3.
ORDER
rd
This writ petition is filed challenging the proceedings of the 3
st
respondent dated 1 March 2021 and for a consequential direction to
implement the order of the Honorable Division Bench in WP(MD)No.
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4918 of 2014 dated 27 July 2015 and direct the respondents to extend
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the benefit of G.O.Ms.No.210 dated 14 August 2009.
2. Heard, M/s. K. Appadurai learned counsel appeared for the
petitioner and M/s.W. Pamelin, learned Additional Government Pleader
appeared for the respondents 1 to 3. Peruse the materials available on
record.
3. The writ petitioner admittedly joined as a Secondary Grade
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Teacher on 11 January 1983 and was given Selection Grade on
01.01.1993 and was in the meanwhile promoted to the post of Middle
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School Head Master on 18 October 1991 and retired in the said post on
st
attaining the age of superannuation on 31 January 2010. Claiming that
the period of service rendered by the writ petitioner in the post of
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WP(MD) No. 7173 of 2021
Secondary Grade Teacher should be taken into account for conferment of
Selection Grade in the promotional post of Middle School Head Master
and thus the benefit under G.O.Ms.No.210 , the writ petitioner claims to
have made a representation, which is rejected under the order impugned.
4. The learned counsel would also place reliance upon the earlier
judgement of the Division Bench of this Court in G. Easwaran and
Others vs. Government of Tamil Nadu reported in 2015 (1) CWC 337
whereby the Government was directed to extend the benefits of the
subject Government Order.
5. Per contra, the learned Government Advocate would produce the
decision of the Full Bench of this Court in The Government of Tamil
Nadu v. G. Eswaran and Others , reported in 2017 (1) CWC 561,
wherein, the Full Bench had held as follows:
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 Counsel appearing for the
Teachers have fairly acceded to the same. Accordingly, we pass
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WP(MD) No. 7173 of 2021
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 no fresh Writ Petitions would be
entertained on and from 09.12.2016,
(v) The Government is directed to expedite the process
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WP(MD) No. 7173 of 2021
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 M.Ps. thereof, are
ordered.
6. The above decision of the Full Bench is categorical. The Full
Bench had held that the Government shall implement G.O.Ms.No.216
nd
dated 22 March 1993 for the period between 01.06.1988 and
31.12.1995, on and from 01.03.2017 onwards in respect of all the
Secondary Grade Teachers who attained a Special Grade during the said
period on par with the pay scale of Primary School Head Master and the
Government was directed to calculate and revise the pension and the Full
Bench had also held that the beneficiaries of the said order will not be
entitled to arrears of the pay. Thus, the writ petitioner is squarely covered
by the said decision.
7. However, M/s. Pamelin, would submit that the above benefits
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cannot be extended to the writ petitions that are freshly filed after 9
December 2016. Accordingly, she prayed for dismissal of the writ
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WP(MD) No. 7173 of 2021
petition, since it is filed only in 2021. In reply, the learned counsel for the
petitioner would invite the attention of the Court to the earlier order dated
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27 July 2015 passed in WP(MD)No. 4918 of 2014 wherein the Writ
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petitioner is the 1 petitioner. Thus, she would demonstrate that the writ
petitioner had earlier come before the Court even in 2014 and the
petitioner will not be hit by the cut off date and is covered by the benefits
extended in the said decision of the Full Bench in Paragraph-38, (I-III).
8. In light of the categorical pronouncement by the Honorable Full
Bench of this Court which is extracted above and since the petitioner
even according to the impugned order had come before this Court earlier
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with WP(MD)No. 4918 of 2014 which was decided on 27 July 2015, the
petitioner is well within the cut-off date prescribed by the Honorable Full
Bench and accordingly, the petitioner is entitled to the benefits extended
by the Full Bench in its order more particularly to the benefits in
paragraph-38 (I-III).
9. Accordingly, the writ petition stands allowed and the following
directions are issued,
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1) The impugned order passed by the 3 respondent in
Na.Ka.No.3777/A3/2020 on January 2021 is hereby set aside.
2) The benefits extended by the Honorable Full Bench in
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WP(MD) No. 7173 of 2021
paragraph-38 (I-III) shall be extended and appropriate order shall be
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passed by the 3 respondent within a period of six [6] weeks from
the date of receipt of a copy of this order.
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
psa
To
1. The Secretary to Government,
School Education Department,
Secretariat,
Chennai 600 009
2. The Director Of Elementary Education,
Dpi Complex,
College Road,
Chennai 600 006
3. The District Educational Officer
O/o. District Educational Officer,
Virudhunagar District.
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WP(MD) No. 7173 of 2021
N. DILIP KUMAR, J.
psa
WP(MD) No. 7173 of 2021
28-10-2026
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