5. Rival submissions are carefully examined. There is some merit in the observation of the learned Single Judge in W.P(MD)No.11190 of 2009 where the Court observed that there is no disparity in the pay scale of a Teacher in an aided private school as well as those who are working in Panchayat Union school. However, this has to be borne in mind that so far as the private schools are concerned unless they are corporate schools, there is hardly any need for inter-school transfers, whereas in the case of schools run by a Panchayat Union, there could be more than one primary schools within the Panchayat Union and there may arise a need for transfer of Headmaster of a primary school to a post of Secondary Grade Teacher in any other primary school within the same Union since both the Headmaster as well as Secondary Grade Teacher shared equal cadre and this was the scenario till 31.05.1988 and it may be noted that subsequent to this date, the 5th Pay Commission came into existence which placed the Headmaster at a higher position on the higher scale of pay and reducing the Secondary Grade Teacher as a feeder category to the Post of Headmaster. This anomaly was later rectified. But, this Court is not concerned with the same in this case. Therefore, contextual setting of the Government to come out with the Government Order cannot be ignored and this aspect apparently has been overlooked by the learned Single Judge.
