Madrasdated High Court · 2025

W.P.No.41291 of 2016 issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in his Proceedings Letter No.29402/eP/t/2(1)/2015-1 dated 04.02.2016 and quash the same and direct the respondents to award special grade middle school headmaster pay scale for the petitioner with effect from 01.06.1988 in the light of G.O.Ms.304, Finance (Pay Commission) Department dated 28.03.1990 and G.O.Ms.215, Finance (Pay Cell) Department dated 22.03.1993 within the time limit fixed by this Court.For Petitioner : No appearance For Respondents : Mr.S.Prabhakaran Government Advocate ORDERThere is no representation on behalf of the Petitioner.

2. In this Writ Petition, the Petitioner has challenged the Order dated 04.02.2016 passed by the 1st Respondent in his proceedings bearing fojk; vz;/29402-eP/t/2(1)/2015-1 (hereinafter referred to as the “Impugned Order”). Operative portion of the Impugned Order dated 04.02.2016 reads as under:-“4/ j';fspd; 07/05/2015 ehspl;l kDtpid chpa Kiwapy; Ma;t[ bra;jjpy; fPHf;fz;l tptu';fs; bjhpatUfpd;wd/j';fspd; gzp tptu';fs; gpd;tUkhW/2/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 1) ,ilepiy Mrphpauhf gzpapy; nrh;e;j ehs; 30/01/19672) ,ilepiyahrphpah; gzpapy; njh;t[epiy 12/09/19753) ,ilepiyahrphpah; gzpapy; rpwg;g[epiy 12/09/19854) Jtf;fg;gs;sp jiyikahrphpah; gjtp cah;tpid Jwg;g[ bra;j ehs; 01/02/19775) gzp Xa;t[ ehs; 28/02/19931) murhiz vz;/880 epjpj;Jiw ehs; 05/09/1986y; 01/10/1978f;F Kd;dh; Ra tpUg;gj;jpd; mog;gilapy; gjtp cah;tpid Jwg;g[ bra;jth;fSf;F njh;t[epiy-rpwg;g[epiy tH';fyhk; vd bjhptpf;fg;gl;Ls;sJ/ jh';fs; 01/02/1977y; Jtf;fg;gs;sp jiyikahrphpah; gjtpapid gzpJwg;g[ bra;jpUe;jhYk; 01/10/1978f;Fg; gpwF ,ilepiy Mrphpah; gjtpapy; 12/09/1985y; rpwg;g[epiy tH';fg;gl;Ls;sJ/ vdnt. j';fspd;murhiz vz;/880 epjpj;Jiw ehs; 05/09/1986d;go kPst[k; njh;t[e[p[iy-rpwg;g[epiy tH';ff;nfhUk; nfhhpf;ifia Vw;f ,ayhJ/2) murhiz vz;/241 epjpj;Jiw ehs; 01/04/1981d;go njf;fepiy tsh;Cjpak; vd;gJ Cjpaf;FG rhh;ghd murhizapy; njh;t[epiy-rpwg;g[epiy Cjpa tpfpj';fs; Fwpj;J tH';fg;glhjth;fSf;F kl;Lnk njf;fepiy tsh;Cjpak; mDkjpf;f bjhptpf;fg;gl;Ls;sJ/ jh';fs; ,ilepiy Mrphpauhf gzpapy; nrh;e;J ,ilepiy Mrphpauhf Xa;t[ bgw;Ws;sPh;/ Cjpaf;FG murhizapd;go ,ilepiy Mrphpah; gzpapl';fSf;F njh;t[epiy-rpwg;g[epiy Cjpa';fs; mDkjpf;fg;gl;Ls;sJ/ 3/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 mjd;go j';fSf;F njh;t[epiy-rpwg;g[epiy ,ilepiy Mrphpah; gjtpapy; tH';f;gl;Ls;sjhy; ,f;nfhhpf;ifapid Vw;f ,ayhJ/3) nkYk; murhiz vz;/562 epjpj;Jiw ehs;/28/09/1998d;go. gjtp cah;tpd;wp xnu gjtpapy; bjhlh;e;J 30 Mz;Lfs; gzpg[hpe;j gzpahsUf;F nghd!; Cf;f Cjpa cah;t[ tH';f Mizaplg;gl;Ls;sJ/ j';fSf;F bjhlf;fg; gs;sp jiyikahrphpah; gjtp cah;t[ tH';fp eph;thfj;jhy; tha;g;g[ mspf;fg;gl;Lk;. RatpUg;gj;jpd; nghpy; gjtp cah;tpid Jwg;g[ bra;Js;sjhy; nghd!; tsh;Cjpak; tH';ff;nfhUk; nfhhpf;ifapid Vw;f tHptif ,y;iy/”3. The Petitioner had earlier filed W.P.No.24044 of 2015, praying for a mandamus to direct the Respondents to consider and pass orders on the Petitioner's Representation dated 07.05.2015 to award the Petitioner “Special Grade Middle School Headmaster” pay scale with effect from 01.06.1988 in the light of G.O.Ms.No.304, Finance (Pay Commission) Department dated 28.03.1990.

4. This Court vide Order dated 06.08.2015, disposed of the said Writ Petition by directing the Respondents to consider and dispose of the Petitioner's Representation dated 07.05.2015 within a period of two weeks from the date of receipt of that order. 4/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 5. It is in this background, the Impugned Order dated 04.02.2016 has been passed by the 1st Respondent rejecting the Representation dated 07.05.2015 of the Petitioner for Special Grade Middle School Headmaster pay scale. Content of which has been extracted above.

6. In this Writ Petition, the Petitioner has sought for the benefit of the Government Order in G.O.No.241, Finance (Pay Commission) Department dated 01.04.1981 and the subsequent Government Orders in G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 and G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993.

7. Relevant portion from the text of the said Government Order in G.O.No.241, Finance (Pay Commission) Department dated 01.04.1981 is reproduced below:-“3. The Government accept the above recommendation of the One Man Committee and issue the following orders:i.The scheme of stagnation increments allowed in paragraph 6 III of G.O.Ms.No.1050, Finance (P.C) Department dated 5th October 1978 shall be applicable to the employees stagnating in 5/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 the Selection Grade / Special Grade also:-ii.Employees stagnating in the Selection Grade / Special Grade scale beyond ten years shall also be given two increments (including the normal increment) on his completing ten years service in the Selection Grade / Special Grade Post. This benefit will be available only once in the same cadre with cumulative effect. The usual annual increments will be sanctioned from the subsequent year onwards:-iii.Stagnation increments beyond the maximum of the scale at the rate of last increment shall also be given annually, for the personnel, the maximum of whose scale of pay does not exceed Rs.2,000/- per mensem. This facility shall cease the pay of employee, after incuding the stagnation increments, reaches Rs.2,000/- per mensem and iv.The orders issued in paragraph 6 III of G.O.Ms.No.1050, Finance (P.C.) Department dated 5.10.1978 shall stand modified to this effect.

4. This order shall take effect from the date of issue.” 8. The aforesaid Government Order was followed by G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990. Relevant portion of G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 is reproduced below:-6/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 “6. Government direct that while fixing pay in the revised selection grade/special grade scales of pay indicated in Annexure-I to this order, the pay of an employee happens to get fixed lesser than that already fixed as per the selection grade/special grade scales of pay ordered in the G.O first read above, the pay of such employee shall be stepped up to the next higher stage, as a special case, so as to avoid monetary loss. Fitment tables and illustrations are given in Annexure-II and III respectively to this order. These fitment tables are in addition to those given in the G.O second read above. Wherever appropriate fitment tables are not available pay shall be fixed as per the Tamil Nadu Revised Scales of Pay Rules, 1989.

7. The existing procedure for movement to selection/special grades and fixation of pay in these grades shall continue to be adopted in future with the scales of pay indicated in Annexure-I to this order. In the case of employees in posts not provided with selection/special grades in the pre-revised pay structure but drawn one stagnation increment on completion of 10 years of service in the ordinary/selection grade, the pay shall be fixed in the newly opened selection/special grade scales of pay at the same stage if the pay drawn by them is equal to the stage or at the next higher stage if there is no such stage.

8. These orders shall take effect from 1st June 1988 for those who have moved to selection grade/special grade prior to 27th June 1989. In the case of others these orders shall take effect from 27th June 1989. The arrears of pay and allowances consequent on these orders shall be regulated as per paragraph 8 (vii) of the G.O first read above.

9. Employees already in the selection grade/special grade prior to 27th June 1989 shall be permitted to exercise revised option to come over to the revised scales of pay if they so desire. The option shall be exercised on or before 7/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 30th June 1990. Option once exercised shall be final. If no option is exercised before the stipulated date the pay shall be fixed in the revised scales of pay of selection grade/special grade with effect from 1st June 1988.

10. Government also direct that the anomaly of junior drawing more pay than senior if any, arising out of these orders shall be set right by the appointing authorities concerned.

11. These orders shall also apply to employees and teachers under local bodies and aided educational institutions.”9. The Government Order in G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 was followed by G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993 and a Clarification Letter dated 23.07.1999. Relevant portion of G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993 is extracted hereunder:-“4. Government have carefully examined the orders of the tribunal dated 13.11.

92. In compliance of the above judgement, Government have decided to revise the existing para 4 of the G.O.Ms.No.304, Finance Department dated 28.3.90 so as to bring out the orders of the tribunal. Accordingly, the existing para 4 of the government orders second read above shall be substituted of the following:-5. Accordingly in partial modification of the orders issued in para 9 of the G.O.Ms.No.666 finance (pension) Dept., dated 27.6.89, the government direct that the scheme of selection grade and special grade be allowed to all the employees eligible for movement to selection grade and special grade as indicated in the annexure-I to this order 8/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 replacing the existing appendix-VII to the G.O.Ms.No.666 finance (pension) Dept., dated 27.6.

89.Provided further the selection grade and special grade scales shall be regulated as below:-(a)For posts, having no promotional avenue, the selection grade and special grade shall be allowed as prescribed in the annexure-I to this order.(b)For posts, having promotion posts in their regular line, grant selection grade scale above the ordinary grade of promotion post would result in anomalous situations of placing persons in higher post on a lower scale compared to persons in a lower post (In selection grade). In order to avoid discontentment among senior persons in higher posts, the selection grade scale in such cases shall be restricted to the ordinary grade of first level promotion post and the special grade shall be restricted to the ordinary grade of second level promotion post.(c)Employees in the existing special temporary post shall be treated as holders of selection grade in the revised pay structure. The above amendment to G.O.Ms.No.304, finance (PC) department, dated 28.3.90 shall take effect from 1.6.88 subject to the provisions in para 8 of the above government order.(d)Executive instructions in regard to admissibility of selection grade/special grade to office assistants and teachers will be issued separately.”10. Further, Paragraph 4 of the Clarification Letter dated 23.07.1999 reads as under:-“According to the orders issued in the Government Order first cited, the employees stagnating in Selection Grade/Special Grade beyond ten years are entitled to grant of stagnation increment (one bonus increment) as an incentive.

2. In the Government Order second cited based on the recommendations of One Man Commission (1998) 9/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 orders have been issued to the employees stagnating in the Special Grade beyond 10 years be granted one bonus increment as incentive as incentive with effect from 1.9.98.

3. A doubt has been raised as to whether the orders issued in the Government Order first cited are still in operation consequent on the issuance of orders based on the recommendations of the One Man Commission, the reference second cited.

4. I am directed to clarify that the orders issued in the Government Order first cited shall be in operation even after the issue of orders based on the recommendations of One Man Commission in the Government Order second cited. Further, the orders issued in G.O.Ms.No.562, Finance (Pay Commission) Department dated 28.9.98 shall apply to those employees who have been awarded Special Grade scales of pay only with effect from 27.6.89 based on the orders issued in G.O.Ms.No.304, Finance (Pay Commission) Department dated 28.3.90.”11. A reading of the above Government Orders in G.O.No.241, Finance (Pay Commission) Department dated 01.04.1981, G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 and G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993 and the Clarification Letter dated 23.07.1999 makes it clear that indeed the Petitioner is entitled for the relief sought for in this Writ Petition.

12. Therefore, this Writ Petition deserves to be allowed. The 10/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 Respondents are directed to redo the pensionary benefits and other attendant benefits to be given to the Petitioner as expeditiously as possible, preferably, within a period of six (6) months from the date of receipt of a copy of this Order.

13. In the result, this Writ Petition is allowed. No costs. 24.04.2025 (2/2)Neutral Citation : Yes / NoarbTo:1.The Secretary, Government of Tamil Nadu, Education Department, Secretariat, Fort St. George, Chennai – 600 009.

2.The Secretary, Government of Tamil Nadu, Finance Department,11/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 Secretariat, Fort St. George, Chennai – 600 009.

3.The Director of Elementary Education, Department of Public Instruction (DPI), College Road, Nungambakkam, Chennai – 600 006.

4.The Additional Assistant Elementary Education Officer, Thiruvidaimaruthur, Thanjavur.C.SARAVANAN, J.arb 12/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 W.P.No.41291 of 2016 24.04.2025 (2/2)13/13

W.P.No.41291 of 2016 issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in his Proceedings Letter No.29402/eP/t/2(1)/2015-1 dated 04.02.2016 and quash the same and direct the respondents to award special grade middle school headmaster pay scale for the petitioner with effect from 01.06.1988 in the light of G.O.Ms.304, Finance (Pay Commission) Department dated 28.03.1990 and G.O.Ms.215, Finance (Pay Cell) Department dated 22.03.1993 within the time limit fixed by this Court.For Petitioner : No appearance For Respondents : Mr.S.Prabhakaran Government Advocate ORDERThere is no representation on behalf of the Petitioner.

2. In this Writ Petition, the Petitioner has challenged the Order dated 04.02.2016 passed by the 1st Respondent in his proceedings bearing fojk; vz;/29402-eP/t/2(1)/2015-1 (hereinafter referred to as the “Impugned Order”). Operative portion of the Impugned Order dated 04.02.2016 reads as under:-“4/ j';fspd; 07/05/2015 ehspl;l kDtpid chpa Kiwapy; Ma;t[ bra;jjpy; fPHf;fz;l tptu';fs; bjhpatUfpd;wd/j';fspd; gzp tptu';fs; gpd;tUkhW/2/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 1) ,ilepiy Mrphpauhf gzpapy; nrh;e;j ehs; 30/01/19672) ,ilepiyahrphpah; gzpapy; njh;t[epiy 12/09/19753) ,ilepiyahrphpah; gzpapy; rpwg;g[epiy 12/09/19854) Jtf;fg;gs;sp jiyikahrphpah; gjtp cah;tpid Jwg;g[ bra;j ehs; 01/02/19775) gzp Xa;t[ ehs; 28/02/19931) murhiz vz;/880 epjpj;Jiw ehs; 05/09/1986y; 01/10/1978f;F Kd;dh; Ra tpUg;gj;jpd; mog;gilapy; gjtp cah;tpid Jwg;g[ bra;jth;fSf;F njh;t[epiy-rpwg;g[epiy tH';fyhk; vd bjhptpf;fg;gl;Ls;sJ/ jh';fs; 01/02/1977y; Jtf;fg;gs;sp jiyikahrphpah; gjtpapid gzpJwg;g[ bra;jpUe;jhYk; 01/10/1978f;Fg; gpwF ,ilepiy Mrphpah; gjtpapy; 12/09/1985y; rpwg;g[epiy tH';fg;gl;Ls;sJ/ vdnt. j';fspd;murhiz vz;/880 epjpj;Jiw ehs; 05/09/1986d;go kPst[k; njh;t[e[p[iy-rpwg;g[epiy tH';ff;nfhUk; nfhhpf;ifia Vw;f ,ayhJ/2) murhiz vz;/241 epjpj;Jiw ehs; 01/04/1981d;go njf;fepiy tsh;Cjpak; vd;gJ Cjpaf;FG rhh;ghd murhizapy; njh;t[epiy-rpwg;g[epiy Cjpa tpfpj';fs; Fwpj;J tH';fg;glhjth;fSf;F kl;Lnk njf;fepiy tsh;Cjpak; mDkjpf;f bjhptpf;fg;gl;Ls;sJ/ jh';fs; ,ilepiy Mrphpauhf gzpapy; nrh;e;J ,ilepiy Mrphpauhf Xa;t[ bgw;Ws;sPh;/ Cjpaf;FG murhizapd;go ,ilepiy Mrphpah; gzpapl';fSf;F njh;t[epiy-rpwg;g[epiy Cjpa';fs; mDkjpf;fg;gl;Ls;sJ/ 3/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 mjd;go j';fSf;F njh;t[epiy-rpwg;g[epiy ,ilepiy Mrphpah; gjtpapy; tH';f;gl;Ls;sjhy; ,f;nfhhpf;ifapid Vw;f ,ayhJ/3) nkYk; murhiz vz;/562 epjpj;Jiw ehs;/28/09/1998d;go. gjtp cah;tpd;wp xnu gjtpapy; bjhlh;e;J 30 Mz;Lfs; gzpg[hpe;j gzpahsUf;F nghd!; Cf;f Cjpa cah;t[ tH';f Mizaplg;gl;Ls;sJ/ j';fSf;F bjhlf;fg; gs;sp jiyikahrphpah; gjtp cah;t[ tH';fp eph;thfj;jhy; tha;g;g[ mspf;fg;gl;Lk;. RatpUg;gj;jpd; nghpy; gjtp cah;tpid Jwg;g[ bra;Js;sjhy; nghd!; tsh;Cjpak; tH';ff;nfhUk; nfhhpf;ifapid Vw;f tHptif ,y;iy/”3. The Petitioner had earlier filed W.P.No.24044 of 2015, praying for a mandamus to direct the Respondents to consider and pass orders on the Petitioner's Representation dated 07.05.2015 to award the Petitioner “Special Grade Middle School Headmaster” pay scale with effect from 01.06.1988 in the light of G.O.Ms.No.304, Finance (Pay Commission) Department dated 28.03.1990.

4. This Court vide Order dated 06.08.2015, disposed of the said Writ Petition by directing the Respondents to consider and dispose of the Petitioner's Representation dated 07.05.2015 within a period of two weeks from the date of receipt of that order. 4/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 5. It is in this background, the Impugned Order dated 04.02.2016 has been passed by the 1st Respondent rejecting the Representation dated 07.05.2015 of the Petitioner for Special Grade Middle School Headmaster pay scale. Content of which has been extracted above.

6. In this Writ Petition, the Petitioner has sought for the benefit of the Government Order in G.O.No.241, Finance (Pay Commission) Department dated 01.04.1981 and the subsequent Government Orders in G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 and G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993.

7. Relevant portion from the text of the said Government Order in G.O.No.241, Finance (Pay Commission) Department dated 01.04.1981 is reproduced below:-“3. The Government accept the above recommendation of the One Man Committee and issue the following orders:i.The scheme of stagnation increments allowed in paragraph 6 III of G.O.Ms.No.1050, Finance (P.C) Department dated 5th October 1978 shall be applicable to the employees stagnating in 5/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 the Selection Grade / Special Grade also:-ii.Employees stagnating in the Selection Grade / Special Grade scale beyond ten years shall also be given two increments (including the normal increment) on his completing ten years service in the Selection Grade / Special Grade Post. This benefit will be available only once in the same cadre with cumulative effect. The usual annual increments will be sanctioned from the subsequent year onwards:-iii.Stagnation increments beyond the maximum of the scale at the rate of last increment shall also be given annually, for the personnel, the maximum of whose scale of pay does not exceed Rs.2,000/- per mensem. This facility shall cease the pay of employee, after incuding the stagnation increments, reaches Rs.2,000/- per mensem and iv.The orders issued in paragraph 6 III of G.O.Ms.No.1050, Finance (P.C.) Department dated 5.10.1978 shall stand modified to this effect.

4. This order shall take effect from the date of issue.” 8. The aforesaid Government Order was followed by G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990. Relevant portion of G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 is reproduced below:-6/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 “6. Government direct that while fixing pay in the revised selection grade/special grade scales of pay indicated in Annexure-I to this order, the pay of an employee happens to get fixed lesser than that already fixed as per the selection grade/special grade scales of pay ordered in the G.O first read above, the pay of such employee shall be stepped up to the next higher stage, as a special case, so as to avoid monetary loss. Fitment tables and illustrations are given in Annexure-II and III respectively to this order. These fitment tables are in addition to those given in the G.O second read above. Wherever appropriate fitment tables are not available pay shall be fixed as per the Tamil Nadu Revised Scales of Pay Rules, 1989.

7. The existing procedure for movement to selection/special grades and fixation of pay in these grades shall continue to be adopted in future with the scales of pay indicated in Annexure-I to this order. In the case of employees in posts not provided with selection/special grades in the pre-revised pay structure but drawn one stagnation increment on completion of 10 years of service in the ordinary/selection grade, the pay shall be fixed in the newly opened selection/special grade scales of pay at the same stage if the pay drawn by them is equal to the stage or at the next higher stage if there is no such stage.

8. These orders shall take effect from 1st June 1988 for those who have moved to selection grade/special grade prior to 27th June 1989. In the case of others these orders shall take effect from 27th June 1989. The arrears of pay and allowances consequent on these orders shall be regulated as per paragraph 8 (vii) of the G.O first read above.

9. Employees already in the selection grade/special grade prior to 27th June 1989 shall be permitted to exercise revised option to come over to the revised scales of pay if they so desire. The option shall be exercised on or before 7/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 30th June 1990. Option once exercised shall be final. If no option is exercised before the stipulated date the pay shall be fixed in the revised scales of pay of selection grade/special grade with effect from 1st June 1988.

10. Government also direct that the anomaly of junior drawing more pay than senior if any, arising out of these orders shall be set right by the appointing authorities concerned.

11. These orders shall also apply to employees and teachers under local bodies and aided educational institutions.”9. The Government Order in G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 was followed by G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993 and a Clarification Letter dated 23.07.1999. Relevant portion of G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993 is extracted hereunder:-“4. Government have carefully examined the orders of the tribunal dated 13.11.

92. In compliance of the above judgement, Government have decided to revise the existing para 4 of the G.O.Ms.No.304, Finance Department dated 28.3.90 so as to bring out the orders of the tribunal. Accordingly, the existing para 4 of the government orders second read above shall be substituted of the following:-5. Accordingly in partial modification of the orders issued in para 9 of the G.O.Ms.No.666 finance (pension) Dept., dated 27.6.89, the government direct that the scheme of selection grade and special grade be allowed to all the employees eligible for movement to selection grade and special grade as indicated in the annexure-I to this order 8/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 replacing the existing appendix-VII to the G.O.Ms.No.666 finance (pension) Dept., dated 27.6.

89.Provided further the selection grade and special grade scales shall be regulated as below:-(a)For posts, having no promotional avenue, the selection grade and special grade shall be allowed as prescribed in the annexure-I to this order.(b)For posts, having promotion posts in their regular line, grant selection grade scale above the ordinary grade of promotion post would result in anomalous situations of placing persons in higher post on a lower scale compared to persons in a lower post (In selection grade). In order to avoid discontentment among senior persons in higher posts, the selection grade scale in such cases shall be restricted to the ordinary grade of first level promotion post and the special grade shall be restricted to the ordinary grade of second level promotion post.(c)Employees in the existing special temporary post shall be treated as holders of selection grade in the revised pay structure. The above amendment to G.O.Ms.No.304, finance (PC) department, dated 28.3.90 shall take effect from 1.6.88 subject to the provisions in para 8 of the above government order.(d)Executive instructions in regard to admissibility of selection grade/special grade to office assistants and teachers will be issued separately.”10. Further, Paragraph 4 of the Clarification Letter dated 23.07.1999 reads as under:-“According to the orders issued in the Government Order first cited, the employees stagnating in Selection Grade/Special Grade beyond ten years are entitled to grant of stagnation increment (one bonus increment) as an incentive.

2. In the Government Order second cited based on the recommendations of One Man Commission (1998) 9/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 orders have been issued to the employees stagnating in the Special Grade beyond 10 years be granted one bonus increment as incentive as incentive with effect from 1.9.98.

3. A doubt has been raised as to whether the orders issued in the Government Order first cited are still in operation consequent on the issuance of orders based on the recommendations of the One Man Commission, the reference second cited.

4. I am directed to clarify that the orders issued in the Government Order first cited shall be in operation even after the issue of orders based on the recommendations of One Man Commission in the Government Order second cited. Further, the orders issued in G.O.Ms.No.562, Finance (Pay Commission) Department dated 28.9.98 shall apply to those employees who have been awarded Special Grade scales of pay only with effect from 27.6.89 based on the orders issued in G.O.Ms.No.304, Finance (Pay Commission) Department dated 28.3.90.”11. A reading of the above Government Orders in G.O.No.241, Finance (Pay Commission) Department dated 01.04.1981, G.O.No.304, Finance (Pay Commission) Department dated 28.03.1990 and G.O.Ms.No.215, Finance (Pay Cell) Department dated 22.03.1993 and the Clarification Letter dated 23.07.1999 makes it clear that indeed the Petitioner is entitled for the relief sought for in this Writ Petition.

12. Therefore, this Writ Petition deserves to be allowed. The 10/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 Respondents are directed to redo the pensionary benefits and other attendant benefits to be given to the Petitioner as expeditiously as possible, preferably, within a period of six (6) months from the date of receipt of a copy of this Order.

13. In the result, this Writ Petition is allowed. No costs. 24.04.2025 (2/2)Neutral Citation : Yes / NoarbTo:1.The Secretary, Government of Tamil Nadu, Education Department, Secretariat, Fort St. George, Chennai – 600 009.

2.The Secretary, Government of Tamil Nadu, Finance Department,11/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 Secretariat, Fort St. George, Chennai – 600 009.

3.The Director of Elementary Education, Department of Public Instruction (DPI), College Road, Nungambakkam, Chennai – 600 006.

4.The Additional Assistant Elementary Education Officer, Thiruvidaimaruthur, Thanjavur.C.SARAVANAN, J.arb 12/13 https://www.mhc.tn.gov.in/judis W.P.No.41291 of 2016 W.P.No.41291 of 2016 24.04.2025 (2/2)13/13