M BALASUNDARAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) WRIT Petition is filed to issue a WRIT of Certiorarified Mandamus, call for the records relating to the impugned order of the respondent in G.O.Ms.No.185 School Education Department, dated 16.12.2002 and quash the same and direct the respondent to count the service rendered by the petitioners in the post of Secondary Grade Teacher prior to 1.6.1988 along with the service rendered by the petitioners in the post of Primary School Headmaster after 1.6.1988 for the purpose of awarding Selection/Special Grades in the post of Primary School Headmaster and revise the petitioners' pension accordingly.

(2.) THE petitioners 1 to 11 are retired Headmasters from Panchayat Board Primary School. Petitioners 12 to 14 are legal heirs of the deceased Headmasters/Headmistress as the case may be. Prior to 1.6.1988, the Headmasters or Headmistress concerned were working as Secondary Grade Teachers in the Primary Schools. THEy were promoted as Headmasters/Headmistress after 1.6.1988. THEy claim that the service rendered prior to 1.6.1988 should also be taken into consideration for fixation of pay and other benefits which was denied in the impugned G.O.Ms.No.185 School Education Department dated 16.12.2002. Hence, the present writ petition has been filed.

(3.) IN the changed circumstances and in view of the subsequent events resulting in the passing of G.O.Ms.No,234 dated 10.9.2009, without going into the merits of the impugned G.O.Ms.185 dated 16.12.2002, the respondent Government is directed to consider the claim of the petitioners for similar relief as has been extended to 63 retired Primary School Headmasters/Headmistress in G.O.Ms.No,234 School Education (G2) Department dated 10.9.2009 and such order shall be passed on or before 31.3.2009. If all or any one of the petitioners is denied the benefits or is disentitled, they are at liberty to challenge the impugned proceedings or such other proceedings that may be passed consequent to the order of this Court, if aggrieved. The Writ Petition stands disposed off as above. No costs.