STATE OF TAMIL NADU Vs. T R ISWARAN

JUDGEMENT

(1.) This writ appeal has been filed against the order dated 12.01.2011 made in W.P.No.685/2004, wherein the first respondent had prayed for the issue of a Writ of Certiorarified Mandamus to quash the orders of the Director of School Education issued in proceedings O.Mu.1918/W8/88 dated 13.01.1989 and O.Mu.35210/W8/91 dated 02.08.1991 and to further direct the second appellant (District Educational Officer, Cheranmahadevi at Tirunelveli) to pay him salary and emoluments applying the pay scale applicable to the Post Graduate Headmasters of Higher Secondary Schools with effect from 01.07.1978 till his retirement on 31.05.1992. He had also prayed for payment of difference in pay with interest.

(2.) The learned single judge allowed the writ petition in part by directing re-fixation of pay of the first respondent applying the pay scale applicable to the Post Graduate Headmasters of Higher Secondary School and payment of difference of pay from 01.07.1978 till his date of retirement, namely 31.05.1992 as arrears. The learned single Judge has directed further that from the date of the retirement, pension should be re-fixed and the difference between the pension thus re-fixed and the pension already paid should also be paid. The learned single Judge directed completion of the said exercise and payment of arrears of pay and pension within three weeks from the date of receipt of a copy of the order passed in the writ petition. However, the claim made by the first respondent for interest was rejected. As against the said order, the State and the official respondents (appellants) have brought-forth this appeal on various grounds set out in the Memorandum of Grounds of Writ Appeal.

(3.) The submissions made by Mrs.A.Sri Jayanthi, learned Special Government Pleader appearing for the appellants, Mrs.Anna Mathew, learned counsel for Mr.T.I.Ramanathan, counsel on record for the first respondent and Mr.T.M.Hariharan, learned counsel for the second respondent were heard. The materials available on record were also perused.