W.P.No.21922 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.04.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.21922 of 2016 A.V.Gangadharan ... Petitioner Vs 1.The Chief Educational Officer, Thiruvallur, Thiruvallur District. 2.The Head Master, Government Higher Secondary School, Perumbedu, Ponneri – 601 204. Thiruvallur District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings of the second respondent in O.MU.No.120/2016 dated 26.05.2016 and quash the same with the consequential direction, directing the first respondent and to grant Selection Grade / Special Grade Pay and other attendant benefits to the petitioner. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.21922 of 2016 For Petitioner : No Appearance For Respondents : Mr.K.Suresh Government Advocate for R1 ORDER There is no representation on behalf of the Petitioner. 2. The Petitioner was aged about 68 years when the present Writ Petition was filed as is evident from the preamble of the Affidavit filed in support of the present Writ Petition. 3. In this Writ Petition, the Petitioner has challenged the Proceedings dated 26.05.2016 bearing Ref.No.O.Mu.No.120/2016 of the 2nd Respondent/Head Master, whereby, the benefit of G.O.Ms.No.347 School Education Department dated 15.09.1998 has been denied, to the Petitioner (hereinafter referred to as the 'Impugned Order'). 4. Relevant portion of the Impugned Order dated 26.05.2016 is extracted hereunder: “nkw;fhz; bghUs; rhh;e;J bghd;ndhp fy;tp khtl;lk;. bgUk;ngL muR cah;epiyg; gs;spapy; gzpg[hpe;J Xa;t[ bgw;w ,ilepiy Mrphpah; jpU/V/tp/f';fhjud; vd;ghhpd; 2/6 https://www.mhc.tn.gov.in/judis W.P.No.21922 of 2016 fUj;JUf;fspy; murhiz vz; 347 g/f/Jiw ehs; 15/09/1998d; go ,ilepiy Mrphpah; rhd;W bgw;W ,sepiy Mrphpah;fshf gzpakh;j;jg;gl;lth;fis 01/01/1971 Kjy; my;yJ epakd ehd; Kjy; ,/ep/Mrphpauhf Kiwg;gLj;jp Miz tH';fg;gl;lJ/ rhh;e;j Mrphpah; nfhUk; ehspy; gHFeh; Mrpupauhf gzpg[hpe;J te;jhh;/ ,sepiy Mrphpauhf gzpg[hpe;J fhyj;jpw;F gzpapy; nrh;e;J tud;Kiw bra;ag;gl;l 14/10/1971 Kjy; ,ilepiy Mrphpah; gzpf;fhykhf fUjp Miz tH';fg;gl;L Cjpak; kWeph;zak; bra;ag;gl;Ls;sijj; bjhlh;e;J 01/07/1971 Kjy; kw;Wk; mjw;F mLj;j njjpfspy; gzpapy; nrh;e;jth;fs; epakd ehs; Kjy; ,ilepiy Mrphpauhf epakdk; tH';f nfhhp bgwg;gl;l kDtpid tpjpfspy; ,lkpy;iy vd ghh;it 1 y; bjhptpj;Js;sthW jpUg;gg;gl;Ls;sJ/” 5. It is the case of the Respondents that the Petitioner was appointed as Higher Grade Teacher on 08.10.1971 and the service of the Petitioner was regularized only from 14.10.1971. It is further stated that the Petitioner has not obtained any Order from the competent authority to regularize his service retrospectively with effect from 08.10.1971 i.e., the date of the appointment of the Petitioner. Therefore, it is submitted that the Petitioner was not entitled to the benefit of the aforesaid Government Order. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.21922 of 2016 6. Relevant portion of the Government Order in G.O.Ms.No.347 School Education Department dated 15.09.1998 reads as under:- “....Government ordered that those individual who were in possession of Secondary Grade Basic Training certificate and posted in Higher grade Assistant posts are entitled to these benefits from 01.01.1971 (or) from the date of appointment whichever comes on a later date. The monetary benefit due to the above fixation shall be calculated from the date of regularisation. In the event of such fixation the seniority of those who were already promoted need not be disturbed. These order should be considered only for the future promotion avenues only. These orders are also applicable for those who were absorbed into Government High School from P.V.Schools and also for teachers serving in Aided and Municipal High Schools. 7. A reading of the above Government Order makes it clear that the monetary benefit of fixation will be only from the date of regularisation, whereas, the Petitioner is seeking for the benefit with effect from 08.10.1971 i.e., from the date of his appointment. 8. At best, the Petitioner would be entitled for the benefit of the aforesaid Government Order only with effect from 14.10.1971 being the date on which his services were regularised. Therefore, this Writ Petition is liable to be allowed to the extent, the benefit for the Petitioner has to 4/6 https://www.mhc.tn.gov.in/judis W.P.No.21922 of 2016 be reckoned from the actual date of regularization that being 14.10.1971. Therefore, the 2nd Respondent is directed to re-do the exercise and give the benefit of the aforesaid Government Order to the Petitioner. Although, the Government Order states that it should be considered for the future promotion avenues only. The 2nd Respondent is directed to re- do the exercise and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this Order. 9. This Writ Petition is partly allowed with the above observation. No costs. 23.04.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No jas 5/6 https://www.mhc.tn.gov.in/judis W.P.No.21922 of 2016 C.SARAVANAN, J. jas To 1.The Chief Educational Officer, Thiruvallur, Thiruvallur District. 2.The Head Master, Government Higher Secondary School, Perumbedu, Ponneri – 601 204. Thiruvallur District. W.P.No.21922 of 2016 23.04.2025 6/6 https://www.mhc.tn.gov.in/judis