GOVERNMENT OF TAMIL NADU Vs. M.S.GOMATHI

JUDGEMENT

(1.) Challenge in this writ appeal is to an order of the writ court dated 29.07.2015 made in W.P.No.2982 of 2015, by which, the writ court, directed that the writ petitioner's father shall be granted selection grade/special grade pay in the post of Middle School Headmaster, by counting the service rendered as Secondary Grade Teacher/Primary School Headmaster/Elementary School Headmaster, from the date of his promotion to the post of Middle School Headmaster, if he was not given the same already, with all monetary benefits and the pensionary benefits with arrears till the date of his death, and the benefits shall be given to the writ petitioner within a period of four weeks from the date of receipt of a copy of that order.

(2.) Short facts leading to the filing of the writ appeal are that, father of the writ petitioner was initially appointed as a Higher Grade Teacher on 3.6.1957 in Hindu Primary School, N.Kumarapuram, Sathur Panchayat Union, Virudhunagar District, which is a private aided school. On 1.4.1974, he was promoted as Secondary Grade Teacher and posted as Primary School Headmaster. The said school was taken over by the Panchayat Union and all the teachers including writ petitioner's father M.Subburaj was absorbed as Panchayat Union Teachers, in Sathur Panchayat Union. In Panchayat Union service, writ petitioner's father was promoted as B.Ed. Middle School Headmaster on 11.6.1980. While working as B.Ed. Middle School Headmaster, Panchayat Union Middle School, O.Mettupatti, in Sathur Panchayat Union, Virudhunagar District, her father retired on 31.07.1992. By counting the service rendered as Secondary Grade Teacher and Primary School Headmaster by extending the benefit of G.O. Ms. No.210 dated 14.8.2009, Selection and Special Grade scale of pay was not granted to her father in the post of Middle School Headmaster.

(3.) She further submitted that her father died on 13.3.2005 leaving her and her sister, as his legal heirs. As one of the legal heirs, she is entitled for the monetary benefits, due to her father in the matter of pay fixation, by applying G.O. Ms. No.210 dated 14.8.2009. The legal heir certificate granted by the Tahsildar is dated 29.4.2005.