High Court · 2024

W.P.No.9402 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:19.06.2024CORAM :THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.9402 of 2024andWMP.No.10417 of 2024A.Rjeshwari .. PetitionerVs.1.The District Education Officer, (Primary Education), Namakkal District, Namakkal.2.The Director of School Education, DPI Campus, College Road, Egmore, Chennai-600 008. .. RespondentsPrayer: Petition filed under Article 226 of the Constitution of India seeking a WRIT OF CERTIORARIFIED MANDAMUS to call for the records pertaining to the 1st respondents proceedings O.M.No.6287/A6/2023 dated Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 202414.02.2024 and quash the same, in consequence to that direct the 1st respondent to regularize her service and pass orders within a time frame that may be fixed by this Court. For the Petitioner:Mr.K.AnbarasanFor Respondents:Mrs.S.Mytherre ChenamSpecial Government Pleader for Education.ORDERThe Writ Petition is filed challenging the order dated 01.02.2024. By the said order, the petitioner's representation is disposed of. The petitioner's prayer in the representation was to regularize her service with effect from her initial date of appointment, i.e., 12.11.1988. The same is now rejected by the respondents on the ground that the petitioner did not possess the requisite educational qualifications to be appointed as a higher-grade teacher. 2. The case of the petitioner is that the petitioner studied a vocational Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024subject of pre-primary teacher course in her higher secondary course; on the strength of the same, the petitioner was appointed as a higher grade teacher in the respondents service with effect from 18.11.1988. However, when her services were not regularized, the petitioner approached the Tamil Nadu Administrative Tribunal vide O.A.No.6274/2002 which was later transferred to the file of this court in W.P.No.5855/2007. In the said Writ petition, it was also contended on behalf of the respondents that the petitioner is not eligible to be appointed to the said post as a higher grade teacher. This Court took note of G.O.Ms.No.172, School Education Department, dated 31.10.2002, however , allowed the Writ Petition on the following terms:"13.For all the aforesaid reasons, the impugned order is quashed and the third respondent is directed to appoint the petitioner as Secondary Grade Teacher to handle classes 1 and 2, in terms of G.O.Ms.172. School Education Department, dated 31.10.2002, withing a period of six weeks from the date of receipt of a copy of this order. It is made clear that the period of non employment would be counted for fixation of pay and for terminal benefits and the petitioner is not entitled to any actual monetary benefits."Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 20243. Thereafter, the respondents challenged the said order by way of filing Writ Appeal in W.A.No. 1407/2013 and by an order dated 13.03.2014, the said order was confirmed by the Division Bench, and the appeal preferred by the respondent was dismissed. Pursuant thereto, the following order was passed:"md;dhh; Vw;fdnt gzpapy; nrh;e;J 18.11.1988 Kjy; gzpahw;wp 17.01.1989 gpw;gfy; gzpePf;fk; bra;ag;gl;ljpd; mog;gilapy; ePjpkd;w Mizf;fpz';f/ ,tuJ Cjpa;j;jpid gzpapy; nrh;e;j ehs; Kjy; fUj;jpayhft[k;/ jw;nghija Mizapd;go nkw;go gs;spapy; gzpapy; nrh;e;j ehs; Kjy; gzg;gad; bgw;Wf;bfhs;st[k; mDkjpf;fg;gLfpwJ.kDjhuj; gzpapy; nrUk; ehs; Kjy; ,tuJ gzpaplk; ,sepiy Mrphpah; gzpaplkhf epiyapwf;fk; (Down Grade) bra;J Miz tH';fg;gLfpwJ. nkYk; kDjhuh; mtuJ fy;tpj; jFjpg;go 1 kw;Wk; 2 tFg;g[fis kl;Lk; nghjpf;f jFjpbgw;wth; vd mwptpf;fg;gLfpwJ.kDjhuh; gzpapy; cldoahf gzpapy; nruntz;Lk; vdt[k;/ gzpapy; nrUk;nghJ jFjp tha;e;j muR kUj;Jthplk; cly;eyj; jFjpr; rhd;W bgw;W rkh;g;gpf;f ntz;Lk; vdt[k; kDjhuUf;F mwptpf;fg;gLfpwJ.kDjhuh; gzpapy; nrh;e;j tpguj;jpid bjhptpf;FkhW rk;ke;jg;gl;l cjtpj; bjhlf;ff; fy;tp mYtyUf;F bjhptpf;fg;;gLfpwJ."4. Pursuant thereto the petitioner had worked and has since retired Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024from service upon superannuation on 30.04.2024. But however, when her pension proposal was being taken up and her retirement benefits were calculated, the service with effect from 1988 was not taken into account, and hence the petitioner made the following representation; the respondents considered the representation of the petitioner and have now passed the impugned order. 5. The learned counsel for the petitioner would submit that when the order of this Court is to treat the said service notionally and to grant the actual financial benefit from the date on which the petitioner is posted as a secondary grade teacher, and therefore, the petitioner's service has to be regularized only from the date of initial appointment in 1988, and now after retirement, a different stand cannot be taken by the respondent. 6. Per contra, the learned special government pleader appearing on behalf of the respondents would submit that the order of the learned single Judge of this Court was to consider the case of the petitioner in terms of Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024G.O.Ms.No.172, School Education Department, dated 31.10.2002 and G.O.Ms.No. 172, dated 31.10.2002, specifically states that the petitioner is not qualified and they should be accommodated in the post of secondary grade teacher only from the date of availing of the said qualification, and therefore, the impugned order has been rightly passed. 7. I have considered the rival submissions made on either side and perused the material record of this case.8. The operative portion of the judgment inter parties is extracted above. Though the order reads that the petitioner's case should be considered in terms of G.O.Ms.No.172, School Education Department, dated 31.10.2002, at the same stretch, the order also states that the period of non employment will be counted for fixation of pay and for terminal benefits, and the petitioner is not entitled to any actual monetary benefits. The said order was also confirmed by the Division Bench, and the order passed by the respondents on 20.09.2014 thereby treating the petitioner's services as Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024regular with effect from 18.11.1988 to 07.01.1989 and granting the actual benefits only from the date of employment as a secondary grade teacher was also passed. 9. Therefore, in that view of the matter, even though the respondents can contest that, as per G.O.Ms.No.172, School Education Department, dated 31.10.2002, the petitioner may not be eligible, it is not for the respondents to interpret or now come to a different conclusion when the rights of the parities have been concluded by the earlier orders of this Court. If any clarification was necessary, the respondents ought to have approached the court at the relevant point in time itself. On the contrary, the order dated 20.09.2014 is specifically passed, granting the petitioner the higher grade pay with effect from 18.11.1988.10. In view thereof, the Writ Petition is allowed on the following terms:(i) The petitioner's service has to be treated as regular with Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024effect from 18.11.1988 on the same terms as ordered by the respondents on 20.09.2011; (ii) Accordingly, the service of the petitioner in the cadre of a higher grade teacher and thereafter in the cadre of a secondary grade teacher should be taken into account for the purpose of calculating the retirement benefits and pension;(iii) The services shall be calculated as ordered by this Court only for the purpose of fixation of pay, and the petitioner will not be entitled to the actual arrears. The respondents are directed to calculate the last-drawn pay accordingly.(iv) No costs. Consequently, the connected miscellaneous petitioner is also closed.19.06.2024Neutral Citation: NojrsTo1.The District Education Officer,Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024 (Primary Education), Namakkal District, Namakkal.2.The Director of School Education, DPI Campus, College Road, Egmore, Chennai-600 008. Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024D.BHARATHA CHAKRAVARTHY , J. jrs W.P.No.9402 of 2024andWMP.No.10417 of 2024 19.06.2024Page 10 of 10

W.P.No.9402 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:19.06.2024CORAM :THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.9402 of 2024andWMP.No.10417 of 2024A.Rjeshwari .. PetitionerVs.1.The District Education Officer, (Primary Education), Namakkal District, Namakkal.2.The Director of School Education, DPI Campus, College Road, Egmore, Chennai-600 008. .. RespondentsPrayer: Petition filed under Article 226 of the Constitution of India seeking a WRIT OF CERTIORARIFIED MANDAMUS to call for the records pertaining to the 1st respondents proceedings O.M.No.6287/A6/2023 dated Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 202414.02.2024 and quash the same, in consequence to that direct the 1st respondent to regularize her service and pass orders within a time frame that may be fixed by this Court. For the Petitioner:Mr.K.AnbarasanFor Respondents:Mrs.S.Mytherre ChenamSpecial Government Pleader for Education.ORDERThe Writ Petition is filed challenging the order dated 01.02.2024. By the said order, the petitioner's representation is disposed of. The petitioner's prayer in the representation was to regularize her service with effect from her initial date of appointment, i.e., 12.11.1988. The same is now rejected by the respondents on the ground that the petitioner did not possess the requisite educational qualifications to be appointed as a higher-grade teacher. 2. The case of the petitioner is that the petitioner studied a vocational Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024subject of pre-primary teacher course in her higher secondary course; on the strength of the same, the petitioner was appointed as a higher grade teacher in the respondents service with effect from 18.11.1988. However, when her services were not regularized, the petitioner approached the Tamil Nadu Administrative Tribunal vide O.A.No.6274/2002 which was later transferred to the file of this court in W.P.No.5855/2007. In the said Writ petition, it was also contended on behalf of the respondents that the petitioner is not eligible to be appointed to the said post as a higher grade teacher. This Court took note of G.O.Ms.No.172, School Education Department, dated 31.10.2002, however , allowed the Writ Petition on the following terms:"13.For all the aforesaid reasons, the impugned order is quashed and the third respondent is directed to appoint the petitioner as Secondary Grade Teacher to handle classes 1 and 2, in terms of G.O.Ms.172. School Education Department, dated 31.10.2002, withing a period of six weeks from the date of receipt of a copy of this order. It is made clear that the period of non employment would be counted for fixation of pay and for terminal benefits and the petitioner is not entitled to any actual monetary benefits."Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 20243. Thereafter, the respondents challenged the said order by way of filing Writ Appeal in W.A.No. 1407/2013 and by an order dated 13.03.2014, the said order was confirmed by the Division Bench, and the appeal preferred by the respondent was dismissed. Pursuant thereto, the following order was passed:"md;dhh; Vw;fdnt gzpapy; nrh;e;J 18.11.1988 Kjy; gzpahw;wp 17.01.1989 gpw;gfy; gzpePf;fk; bra;ag;gl;ljpd; mog;gilapy; ePjpkd;w Mizf;fpz';f/ ,tuJ Cjpa;j;jpid gzpapy; nrh;e;j ehs; Kjy; fUj;jpayhft[k;/ jw;nghija Mizapd;go nkw;go gs;spapy; gzpapy; nrh;e;j ehs; Kjy; gzg;gad; bgw;Wf;bfhs;st[k; mDkjpf;fg;gLfpwJ.kDjhuj; gzpapy; nrUk; ehs; Kjy; ,tuJ gzpaplk; ,sepiy Mrphpah; gzpaplkhf epiyapwf;fk; (Down Grade) bra;J Miz tH';fg;gLfpwJ. nkYk; kDjhuh; mtuJ fy;tpj; jFjpg;go 1 kw;Wk; 2 tFg;g[fis kl;Lk; nghjpf;f jFjpbgw;wth; vd mwptpf;fg;gLfpwJ.kDjhuh; gzpapy; cldoahf gzpapy; nruntz;Lk; vdt[k;/ gzpapy; nrUk;nghJ jFjp tha;e;j muR kUj;Jthplk; cly;eyj; jFjpr; rhd;W bgw;W rkh;g;gpf;f ntz;Lk; vdt[k; kDjhuUf;F mwptpf;fg;gLfpwJ.kDjhuh; gzpapy; nrh;e;j tpguj;jpid bjhptpf;FkhW rk;ke;jg;gl;l cjtpj; bjhlf;ff; fy;tp mYtyUf;F bjhptpf;fg;;gLfpwJ."4. Pursuant thereto the petitioner had worked and has since retired Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024from service upon superannuation on 30.04.2024. But however, when her pension proposal was being taken up and her retirement benefits were calculated, the service with effect from 1988 was not taken into account, and hence the petitioner made the following representation; the respondents considered the representation of the petitioner and have now passed the impugned order. 5. The learned counsel for the petitioner would submit that when the order of this Court is to treat the said service notionally and to grant the actual financial benefit from the date on which the petitioner is posted as a secondary grade teacher, and therefore, the petitioner's service has to be regularized only from the date of initial appointment in 1988, and now after retirement, a different stand cannot be taken by the respondent. 6. Per contra, the learned special government pleader appearing on behalf of the respondents would submit that the order of the learned single Judge of this Court was to consider the case of the petitioner in terms of Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024G.O.Ms.No.172, School Education Department, dated 31.10.2002 and G.O.Ms.No. 172, dated 31.10.2002, specifically states that the petitioner is not qualified and they should be accommodated in the post of secondary grade teacher only from the date of availing of the said qualification, and therefore, the impugned order has been rightly passed. 7. I have considered the rival submissions made on either side and perused the material record of this case.8. The operative portion of the judgment inter parties is extracted above. Though the order reads that the petitioner's case should be considered in terms of G.O.Ms.No.172, School Education Department, dated 31.10.2002, at the same stretch, the order also states that the period of non employment will be counted for fixation of pay and for terminal benefits, and the petitioner is not entitled to any actual monetary benefits. The said order was also confirmed by the Division Bench, and the order passed by the respondents on 20.09.2014 thereby treating the petitioner's services as Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024regular with effect from 18.11.1988 to 07.01.1989 and granting the actual benefits only from the date of employment as a secondary grade teacher was also passed. 9. Therefore, in that view of the matter, even though the respondents can contest that, as per G.O.Ms.No.172, School Education Department, dated 31.10.2002, the petitioner may not be eligible, it is not for the respondents to interpret or now come to a different conclusion when the rights of the parities have been concluded by the earlier orders of this Court. If any clarification was necessary, the respondents ought to have approached the court at the relevant point in time itself. On the contrary, the order dated 20.09.2014 is specifically passed, granting the petitioner the higher grade pay with effect from 18.11.1988.10. In view thereof, the Writ Petition is allowed on the following terms:(i) The petitioner's service has to be treated as regular with Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024effect from 18.11.1988 on the same terms as ordered by the respondents on 20.09.2011; (ii) Accordingly, the service of the petitioner in the cadre of a higher grade teacher and thereafter in the cadre of a secondary grade teacher should be taken into account for the purpose of calculating the retirement benefits and pension;(iii) The services shall be calculated as ordered by this Court only for the purpose of fixation of pay, and the petitioner will not be entitled to the actual arrears. The respondents are directed to calculate the last-drawn pay accordingly.(iv) No costs. Consequently, the connected miscellaneous petitioner is also closed.19.06.2024Neutral Citation: NojrsTo1.The District Education Officer,Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024 (Primary Education), Namakkal District, Namakkal.2.The Director of School Education, DPI Campus, College Road, Egmore, Chennai-600 008. Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.9402 of 2024D.BHARATHA CHAKRAVARTHY , J. jrs W.P.No.9402 of 2024andWMP.No.10417 of 2024 19.06.2024Page 10 of 10