IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 28-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.2967 of 2007 (O.A.No.400 of 2001) 1.R.Jayakanthan 2.M.Vasudevan 3.V.Parimala 4.S.Venkatesan .. Petitioners. Versus 1.State of Tamil Nadu, rep. by its Secretary to Government, School Education Department, Secretariat, Chennai-9. 2.Director of School Education, Chennai. 3.Chief Educational Officer, Tiruvannamalai. .. Respondents. Prayer: Original Application No.400 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No.2967 of 2007, seeking for a writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the first respondent in G.O.Ms.No.100, School Education Department, dated 18.4.2000, and set aside the same in so far as it refuses to count the entire length of services for the purpose of Selection Grade and Special Grade as far as the petitioners are concerned; and direct the respondents to regularise the services of the petitioners from the date of appointment in the cadre of Grade II Tamil Pandit and consequently award Selection Grade and Special Grade by counting the entire length of service rendered by them in Grade II Tamil Pandit. For Petitioner : Mr.S.Mani For Respondents : Mr.V.Arun Additional Government Pleader O R D E R
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
2. This writ petition has been filed to set aside the order of the first respondent, in G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000, in so far as it does not permit the counting of the entire length of the service of the petitioners, for the purpose of Selection Grade and Special Grade and to direct the respondents to regularise the service of the petitioners from the date of their appointment in the cadre of Grade-II, Tamil Pandit.
3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that the first petitioner, R.Jeyakanthan, was initially appointed, temporarily, as a Grade II Tamil Pandit, with effect from 9.9.1967. He had served as a Grade-II Tamil Pandit, till 9.10.1969. Thereafter, he was appointed as a Secondary Grade Teacher, on regular basis, with effect from 10.10.1969.
4. The second petitioner, N.Vasudevan, was initially appointed, temporarily, as a Grade II Tamil Pandit, with effect from 6.9.1967. He had served as a Grade-II Tamil Pandit, till 1.9.1969. Thereafter, he was appointed as a Secondary Grade Teacher, on regular basis, with effect from 2.9.1969. The third petitioner, V.Parimala, was initially appointed, temporarily, as a Grade II Tamil Pandit, with effect from 8.9.1967. She had served as a Grade-II Tamil Pandit, till 22.7.1969. Thereafter, she was appointed as a Secondary Grade Teacher, on a regular basis, with effect from 23.7.1969. The fourth petitioner, S.Venkatesan, was initially appointed, temporarily, as a Grade II Tamil Pandit, with effect from 8.9.1967. He had served as a Grade-II Tamil Pandit, till 1.9.1969. Thereafter, he was appointed as a Secondary Grade Teacher, on a regular basis, with effect from 2.9.1969.
5. It has been further stated that the Government of Tamil Nadu had issued G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000. It had been specifically stated that the request for taking into account the service rendered as a Grade II Tamil Pandit for awarding Selection Grade/Special Grade, in the post of Secondary Grade Teacher, cannot be complied with since the petitioners had been appointed as Grade-II Tamil Pandits, only on a temporary basis. The service of the petitioners, as Grade-II Tamil Pandits, was not continuous from the date of their initial appointment, as they had been ousted from service during the summer vacations, in the month of May of each year. Further, the petitioners do not possess the qualifications required for appointment as Grade-II Tamil Pandits. However, the Government of Tamil Nadu had permitted the counting of the service of Grade II Tamil Pandits for the calculation of pensionary benefits. The petitioners were possessing only Secondary Grade qualifications and they do not possess the qualifications required for the post of Grade II Tamil Pandit. Hence, the orders issued in G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000, is fully applicable to the petitioners and therefore, they were not eligible for the revised Selection Grade/Special Grade, by taking into account the service of Grade-II Tamil Pandit.
6. It has been further stated that the order passed by the Tamil Nadu Administrative Tribunal, dated 10.6.1994, in O.A.No.464 of 1993, in respect of N.Sethia Koundan, is not applicable to the petitioners, as he had been initially appointed, as Grade II Tamil Pandit, with effect from 12.8.1966, subject to the condition that the period of service would be counted in the service of Secondary Grade Teacher. Whereas, the petitioners had been appointed, temporarily, as Grade-II Tamil Pandits. No condition had been incorporated in their appointment orders that their services as Grade-II Tamil Pandits would be included in the service of Secondary Grade Teacher. Therefore, the validity of the order, in G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000, cannot be questioned in the present writ petition. Only the regular service rendered by a person would be taken into account for the awarding of Selection Grade/Special Grade, as per the rules. Since temporary service would not be taken into account, the petitioners are not entitled to the reliefs, as sought for by them, in the present writ petition.
7. In view of the submissions made by the learned counsels appearing on behalf of the petitioners, as well as the respondents, this Court is of the view that the petitioners have not shown sufficient cause or reason to grant the reliefs, as prayed for by them, in the present writ petition. They have not been in a position to show that the conditions prescribed in G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000, had been satisfied by the petitioners, since the petitioners had been appointed only, temporarily, as Grade-II Tamil Pandits, and as such, the service rendered by the petitioners cannot be counted for awarding Selection Grade/Special Grade, in the post of Secondary Grade Teacher. However, on the basis of the submissions made by the learned counsel appearing on behalf of the respondents, it is made clear that the service rendered by the petitioners, as Grade-II Tamil Pandits, shall be counted for the calculation of their pensionary benefits, as they had already retired from service, on attaining the age of superannuation. If the retirement benefits due to the petitioners have not been settled, till date, the respondents shall disburse the amounts due to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of, as noted above. No costs.
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To
1.State of Tamil Nadu, rep. by
its Secretary to Government,
School Education Department,
Secretariat, Chennai-9.
2.Director of School Education,
Chennai.
3.Chief Educational Officer,
Tiruvannamalai