The petitioner challenged an order fixing pay after his reversion from Middle School Headmaster to Secondary Grade Teacher, arguing against the consequences of a prior dismissal.
The petition was dismissed as the impugned order was consequential to a reversion order upheld in a separate writ petition (W.P. No. 5258 of 2007).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2014
CORAM
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
W.P.NO.5259 OF 2007 (O.A.NO.6493 OF 2002)
S.Murugesan .. Petitioner
Versus
1.The Director of Elementary Education
College Road,
Chennai – 600 006.
2.The District Elementary Educational Officer
Office of DEEO
Theni District.
3.The Additional Assistant Elementary Educational Officer
Periyakulam,
Theni District. .. Respondents
PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.6493 of 2002 from the file of the Tamil Nadu Administrative Tribunal with a prayer to call for the entire records connected with the impugned order in Na.Ka.No.1450/A1/2002 dated 22.08.2002 on the file of the 3rd respondent and quash the same.
Heard both sides.
2.The petitioner was working as a Middle School Headmaster
in Panchayat Union School. The said school was upgraded as High School. Option was sought as to whether the petitioner wanted to continue in the Elementary School / Middle School service or to continue in the High School service on absorption. The petitioner did not opt to go to High School service. Hence, the respondents had no other option, except to retain him in the Panchayat Union school. He was the junior most Middle School Headmaster. Hence, he had to face reversion. Accordingly, he was reverted to the post of Secondary Grade Teacher. Accordingly, the third respondent passed the impugned order reducing the pay scale from the post of Middle School Headmaster to Secondary Grade Teacher with effect from 01.08.2002.
3.In W.P.No.5258 of 2007, the petitioner questioned the order reverting him from the post of Middle School Headmaster to Secondary Grade Teacher and the same was dismissed today. The impugned order in this writ petition is the consequential order fixing pay based on reversion.
4.As the impugned order is the consequential order to the reversion, the writ petition fails, in view of the order upholding reversion. 5.Accordingly, this writ petition is dismissed. No costs. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar TK To 1.The Director of Elementary Education College Road, Chennai – 600 006. 2.The District Elementary Educational Officer Office of DEEO Theni District. 3.The Additional Assistant Elementary Educational Officer Periyakulam. W.P.NO.5259 OF 2007 (O.A.NO.6493 OF 2002) rsi(Co) pmk.16.12.2014
3 issues framed by the court
Whether the writ petition filed to quash the consequential order fixing pay allowing reversion from Headmaster to teacher should be allowed?
Whether the consequences of a previously dismissed reversion order can be challenged in this proceeding?
Whether the petitioner's claim regarding pay fixation during reversion has merit?
S. Murugesan
The Director of Elementary Education, College Road, Chennai
The District Elementary Educational Officer, Theni District
The Additional Assistant Elementary Educational Officer, Periyakulam, Theni District
D.Hariparant Maharaja
D.Hariparant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
