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2022 DAILYLAW 5155 (MAD)

K.Sundaresan v. Mr. Dheeraj Kumar IAS

CONT P/862/2022 · 2026-07-17

G Arul Murugan

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Cont.P.No.862 of 2022 etc. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.07.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Contempt Petition Nos.862, 1306, 1355, 1594, 1623, 2156, 2652, 2810, 610, 863, 864, 865, 866, 867, 868, of 2022; 1046, 1130, 530, 873, 874, 875, 876, 992 of 2020; 1122, 1398, 435, 453, 643, 644, 645 of 2021; 997 of 2023; 1954 of 2019 and Sub Application Nos.139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 of 2022 and Sub Application Nos.251, 258, 259, 257, 260, 261, 243, 244, 245, 246, 247, 248, 249, 250, 252, 253, 254, 255, 256 of 2023 in Cont.P.Nos.1477, 1484, 1485, 1483, 1492, 1546, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474, 1478, 1479, 1480, 1481, 1482 of 2021 Cont.P.No.862 of 2022: K.Sundaresan S/o. Kanni Udaiyar, Retd. Headmaster, No.565, Kolathumettu Street, M.N.Palayam, Kattukanur Post, Arni Taluk, Thiruvannamalai District. Petitioner ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.862 of 2022 etc. Vs 1.Dheeraj Kumar IAS The Secretary to Government of Tamil NAdu, School Education Department, Fort St. George, Chennai - 9. 2.Karuppasamy The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006. Respondents PRAYER in Cont.P.No.862 of 2022: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for the act of willful disobedience of the order of this Court dated 26.03.2019 made in W.P.No.28384 of 2015. For Petitioner: Mr.P.Murali For Respondents: Mr.R.Veeramani Government Pleader and batch cases COMMON ORDER (Order of the Court was made by G.Arul Murugan, J.) These contempt petitions allege non-compliance of the order passed in W.P.No.28384 of 2015 and other connected matters. ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.862 of 2022 etc. 2. Sub applications are filed seeking to (i) re-open the contempt petitions which were earlier disposed of/closed; and, (ii) grant extension of time to consider and pass orders pusuant to the order passed by this Court. 3. The Government had issued G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009 extending the benefits of fixation of pay in the Selection Grade/Special Grade in the post of Middle School Headmaster by counting the service rendered as Secondary Grade Teacher/Primary School Headmaster/Elementary School Headmaster from the date of their promotion to the post of Middle School Headmaster, if they were not given the same already with all monetary benefits and the pensionary benefits, with arrears till the date of death. 4. A batch of writ petitions came to be filed, wherein individual petitioners sought extension of benefits granted under G.O.Ms.No.210, dated 14.08.2009. The writ petitions were disposed of, which resulted in filing intra-Court appeals by the State. A Division Bench of this Court disposed of the writ appeals and the connected writ petitions by ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.862 of 2022 etc. observing that since the issue is covered by the earlier decision made by this Court in W.A.No.34 of 2017 etc. batch, the State Government was directed to extend the benefits of G.O.Ms.No.210, dated 14.08.2009 to the writ petitioners and directed to pay the revised pension/family pension and disburse both arrears of salary and differential pension, as the case may be. 5. Today, when the contempt petitions and the sub-applications, which were filed to re-open the contempt petitions closed earlier and for extension of time to comply with order passed by this Court, are taken up for hearing, learned Government Pleader appearing for the respondents submitted that SLPs were filed before the Hon’ble Supreme Court and after the issue was decided, the State had issued G.O.Ms.No.213, School Education (EE.1(1) Department, dated 02.12.2022, whereunder 719 persons, who were covered under the orders passed by this Court, were considered and the claims of ineligible persons numbering 107 were rejected and, as far as the balance numbering 612 teachers who are entitled to the benefits under G.O.Ms.No.210, dated 14.08.2009 is concerned, an administrative sanction was accorded to extend the benefits to all 612 persons and necessary funds were also allocated by the State. Pursuant to the ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.862 of 2022 etc. issuance of G.O.Ms.No.213, dated 02.12.2022, it is submitted that some of the teachers have already been settled with the benefits as covered under G.O.Ms.No.213, dated 02.12.2022 and still in respect of the balance teachers, the benefits under G.O.Ms.No.213, dated 02.12.2022 are yet to be disbursed and he seeks some time for disbursal of the amount to the remaining teachers. 6. Learned counsel for the petitioners submit that the rejection of claim insofar as 107 persons is concerned, may not be right and they are also entitled to the benefits. 7. We are of the considered opinion that, in these contempt petitions, when the State found that 107 persons are ineligible, we cannot reconsider the said issue and it is for the 107 persons whose claims were rejected to challenge the same in the manner known to law. 8. In view of the submissions made by learned Government Pleader, we are inclined to dispose of the contempt petitions as well as the sub applications by giving three (3) months time to the respondents to fully comply with G.O.Ms.No.213, dated 02.12.2022 ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.862 of 2022 etc. and settle the benefits to all the remaining as covered under the said Government Order. 9. It is also submitted that insofar as settling the pension arrears is concerned, already proposal was sent to the Accountant-General, which was earlier returned pointing certain defects and the State has also cured the defects and re-submitted the proposal to the Accountant-General, which is now pending with them. We make it clear that it is for the respondent authorities to take earnest steps and pursue the matter with the Accountant-General and ensure that all the issues are settled and pensionary benefits are also duly settled as per the orders passed by this Court, within a period of four (4) months from the date of receipt of a copy of this order. 10. At this juncture, learned counsel for the petitioners submit that insofar as certain differences in the benefits settled, they may be allowed to make representations to the respondent authorities pointing out the differences and their entitlements. We leave it open to the petitioners to make representation, where they found that there is a shortfall, within a period four (4) weeks from the date of receipt of a copy of this order. If any such representation is received, the same ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.862 of 2022 etc. shall be considered by the respondent authorities on its own merits, as expeditiously as possible. With these observations and directions, the contempt petitions and the sub applications are closed. No costs. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 17.07.2026 Index : Yes/No Neutral Citation : Yes/No Note: Registry to type cause-title, prayer and appearance, etc., in other contempt petitions. bbr ______________ https://www.mhc.tn.gov.in/judis Cont.P.No.862 of 2022 etc. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J. bbr Cont.P.No.862 of 2022 etc. batch 17.07.2026 ______________ https://www.mhc.tn.gov.in/judis