RETIRED OFFICIALS ASSOCIATION Vs. STATE OF TAMIL NADU
LAWS(MAD)-2022-7-398
HIGH COURT OF MADRAS
Decided on July 14,2022

Retired Officials Association Appellant
VERSUS
STATE OF TAMIL NADU Respondents




JUDGEMENT

- (1.)The relief sought for in the writ petition is to call for the records relating to the G.O.Ms.No.179 issued by School Education Department dtd. 6/9/2013 and quash para 5 (I) (ii) (iii) (iv) of the said G.O. as illegal and untenable and directing the respondent to implement the benefits of G.O.Ms.No.234 School Education Department (G-1) dtd. 10/9/2009 and G.O.Ms.No.216 School Education Department dtd. 30/12/2011 to all the teachers, as per representation made by the petitioner Association dtd. 26/9/2013.
(2.)The petitioner has sought for the extension of the benefits granted by the Government in G.O.Ms.No.216, School Education Department, dtd. 30/12/2011. On a perusal of the abovesaid Government Order, it is stated that the proposal submitted by the Director of Elementary Education, was considered by the Government and it was decided that the persons, irrespective of the fact, whether they have filed writ petitions or not, the benefit of counting of the services in the post of Secondary Grade Teachers and the Elementary School Headmaster rendered prior to 1/6/1988 to be calculated for the purpose of awarding selection grade and special grade. More-so, the selection grade and special grade in the cadre of Elementary School Headmaster.
(3.)However, the Government thought that the above G.O.Ms.No.216, dtd. 30/12/2011 was ambiguous and accordingly, withdrawn the said Government Order and issued the revised Government Order in G.O.Ms.No.179, School Education Department, dtd. 6/9/2013. In the said Government Order, the Government thought fit that the benefit should be extended to the persons, who have obtained orders from the High Court numbering 1,528 and accordingly, restricted the relief only to those persons.


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