V PALANIMUTHU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners are all Teachers. Some of them have got retired 1 to 9 years back. THE present prayer of the petitioners was to direct the respondents to extend the benefit of the G.O.Ms.No.234 School Education (G2) Department dated 10.9.2009 in so far as the petitioners are concerned and accordingly award selection/special grade scale of pay in the post of Elementary School Headmaster by taking count of their lower cadre Secondary Grade Assistant service as has been given to 61 similarly placed persons .

(2.) THE cause of action for the petitioners to approach this Court as stated in the affidavits is that the Government had issued G.O.Ms.No.234, School Education Department dated 10.9.2009, wherein and by which 63 Teachers were given similar benefit. THErefore, the petitioners should also be given such benefits. Nowhere in the affidavit, the petitioners have stated as to why they never approached the court or the Tribunal at an earlier point of time with reference to their service grievance, if at all there was any grievance. THEy cannot place their right on the basis of the so-called orders passed by the Government in G.O.Ms.No.234, School Education Department dated 10.9.2009.

(3.) ON the contrary, the Supreme Court in Col.B.J.Akkara (Retd.) vs. Government of India and others reported in 2006 (11) SCC 709 has held that merely because the Government had chosen to implement a wrong order which became final, that by itself will not give any cause of action to the other persons without deciding the issue on merit. It is therefore necessary to extract para 26 of the judgment and it reads as follows: