A retired Primary School Headmaster sought special grade scale effective on completing ten years of selection grade service. He had retired one day before that date fell due, so the High Court held he was not entitled and upheld the rejection of his request.
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W.P.(MD) No.14379 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.14379 of 2019 and
W.M.P.(MD) No.10802 of 2019
A.Subramanian
... Petitioner
-vs-
1.The Director of Elementary School Education DPI Compound College Road Chennai-600 006
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the
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W.P.(MD) No.14379 of 2019
proceedings of the third respondent in O.M.No.1363/A3/2018 dated 08.04.2019 and quash the same and consequently direct the respondents to fix the Special Grade Scale to the Petitioner on the date of completion of 10 years of Selection Grade Service i.e on 31.05.2018.
For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.T.Amjad Khan Government Advocate
O R D E R
This writ petition has been filed challenging the impugned order dated 08.04.2019, passed by the third respondent, rejecting the petitioner's request to fix special grade scale to him on the date of completion of ten years of selection grade service i.e., on 31.05.2018.
2. The petitioner was awarded selection grade scale in the post of Primary School Headmaster on 01.06.2008. The said fact is not disputed. The special grade scale in the post of Primary School Headmaster will fall on 01.06.2018 after completion of ten years of selection grade service. However, even before completion of ten years of selection grade service, the petitioner, a
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W.P.(MD) No.14379 of 2019
day before, had retired from service on 31.05.2018 on completion of 58 years. Therefore, the question of granting special grade scale to the petitioner on the date of completion of ten years of selection grade service does not arise.
3. For the foregoing reasons, this Court is of the considered view that the petitioner is not entitled for getting special grade scale in the post of Primary School Headmaster, as he has not completed ten years of selection grade service on the date of his retirement i.e., on 31.05.2018. The third respondent has rightly rejected the petitioner's request under the impugned order dated 08.04.2019.
4. In the result, there is no merit in this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
01.10.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
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W.P.(MD) No.14379 of 2019
To:
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W.P.(MD) No.14379 of 2019
ABDUL QUDDHOSE, J.
krk
W.P.(MD) No.14379 of 2019 and W.M.P.(MD) No.10802 of 2019
01.10.2024
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1 issue framed by the court
Whether a teacher who retired one day before completing ten years of selection grade service is entitled to special grade scale from the completion date.
1 provisions across 1 enactments
A.Subramanian
The Director of Elementary School Education, Chennai
The District Educational Officer, Valliyoor Educational District, Tirunelveli District
The Block Educational Officer, Nanguneri Block, Tirunelveli District
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
