The High Court of Madras joined service, the petitioner joined service after 01.10.1970. Thus, he is not entitled to the benefit of G.O.Ms.No.210 regarding Selection Grade pay. The writ petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.No.23290 of 2013
N.Arumugam .. Petitioner
Vs.
Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in relation to the proceedings issue in Letter (1D) No.12/G1/2012, School Education Department, dated 08.01.2013, and quash the same and issue a consequential direction to the respondents to extend the benefit of G.O.Ms.No.210, School Education (G1) Department, dated 14.08.2009, and to count the service rendered by the petitioner as Primary School Headmaster and Secondary Grade Teacher prior to 01.06.1988 for the purpose of Selection and Special Grade pay in the post of Middle School Headmaster and fix the petitioner's pay in the post of Middle School Headmaster and grant arrears of pay and send the revised pension proposal to the Accountant General for sanction.
ORDER
Heard both sides.
2.1. Before 01.10.1970, the post of Secondary Grade Teacher, Primary School Headmaster and Middle School Headmaster carried the same scale of pay.
2.2. After 01.10.1970, the post of Middle School Headmaster became a promotional post. However, the juniors were retained, after 01.10.1970, in the post of Middle School Headmaster. This led to various litigations.
2.3. In these circumstances, the Government issued G.O.Ms.No.784, Rural Development and Local Administration Department, dated 14.05.1979, reverting the juniors, who are holding the post of Middle School Headmaster as on 01.10.1970, as Secondary Grade Teacher or Primary School Headmaster, since both the post of Secondary Grade Teacher and Primary School Headmaster carried the same scale at that time, protecting the interest of junior teachers by protecting the scale of pay of Middle School Headmaster, which they received. That is, after about 9 years, the aforesaid development took place and the Government issued G.O.Ms.No.784.
2.4. The junior teachers, who faced reversion, challenged the Government Order in G.O.Ms.No.784, dated 14.05.1989, and obtained order of stay and thereby continued as Middle School Headmaster, pursuant to the said order. Hence, the seniors got affected.
2.5. The matter went upto the Apex Court and the Apex Court was not willing to interfere with the government order in G.O.Ms.No.784 as it gave the benefit to both senior and junior teachers.
3.1. In these circumstances, the issue was resolved by the Tamil Nadu Administrative Tribunal in the order dated 25.04.1996 in O.A.Nos.2250 of 1991 directing to count the service rendered as Secondary Grade Teacher/Primary School Headmaster to give Selection Grade / Special Grade to the Middle School Headmaster, who joined as a Secondary Grade Teacher before 01.10.1970. The said order was followed by the Tamil Nadu Administrative Tribunal in the order dated 17.04.2002 in O.A.No.3521 of 1997 etc. batch.
3.2. There was revision in the scale of Middle School Headmaster, pursuant to V Pay Commission recommendation, which was implemented with effect from 01.06.1988.
3.3 The petitioners involved in those Original Applications before Tamil Nadu Administrative Tribunal were promoted as Middle School Headmasters before 01.06.1988 and hence, they sought the revision of scale of pay applicable to the post of Middle School Headmaster as on 01.06.1988 by granting them the revision for Selection Grade / Special Grade in the post of Middle School Headmaster by counting the service rendered as Secondary Grade Teachers and Primary School Headmasters.
With this observation, the writ petition is disposed of accordingly. No costs.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
1. The Principal Secretary,
School Education Department,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2. The Director of Elementary Education,
College Road, Chennai-600 006.
3. The District Elementary Educational Officer,
Thiruvarur District.
+1cc to Mr.R.Saseetharan, Advocate, S.R.No.32279
+1cc to the Government Pleader, S.R.No.32988
W.P.No.23290 of 2013
ev(CO)
srg(24/02/2016)
2 issues framed by the court
Whether a petitioner who joined service after 01.10.1970 is entitled to Selection Grade/Special Grade pay in the post of Middle School Headmaster by counting prior service as Secondary Grade Teacher/P
Whether the benefit under G.O.Ms.No.210 dated 14.08.2009 applies to petitioners who joined service after the implementation of G.O.Ms.No.784 dated 14.05.1979.
2 provisions across 2 enactments
N. Arumugam
State of Tamil Nadu
D. HariparantHAMan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
