Allowed

Pavun.K v. the District Educational Officer

Madras HC7 Jun 2024WP(MD)/5588/2021

Case brief

AI extract

What is this about?

A teacher's selection grade as Elementary School Headmaster was cancelled by the Block Educational Officer. The Court held that under G.O.Ms.No.210 (P&A) dated 11.03.1987, service in selection grade of the lower post counts for selection grade at the first promotion level, quashed the cancellation and allowed the writ petition.

What did the court decide?

Impugned order dated 03.03.2021 cancelling selection grade in Elementary School Headmaster post quashed; writ petition allowed, no costs, miscellaneous petitions closed.

Pavun.K Vs the District Educational Officer — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD).No.5588 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.06.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.5588 of 2021 and W.M.P.(MD)Nos.4430 and 12386 of 2021

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K.Pavun ...Petitioner

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Vs.

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1.The District Educational Officer, O/o. the District Educational Office, Karur, Karur District.

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2.The Block Educational Officer, O/o. the Block Educational Office, Karur, Karur District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order issued by the 2^nd respondent in his proceedings in e/f/vz;/ 899 / m2 / 2020 dated 03.03.2021 and quash the same as illegal.

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W.P.(MD).No.5588 of 2021

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For Petitioner : Mr.Mohammed Imran, For Ajmal Associates For Respondents : Mr.M.Sarangan, Additional Government Pleader

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ORDER

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This writ petition has been filed to quash the impugned order issued by

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the 2^nd respondent in his proceedings in e/f/vz;/ 899 / m2 / 2020 dated 03.03.2021.

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The brief facts which are necessary for the disposal of this Writ Petition is as follows:-

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The petitioner joined as Secondary Grade Teacher on 06.12.1990. On completion of 10 years of service as Secondary Grade Teacher, she was given selection grade in the post of Secondary Grade Teacher. Thereafter, she was promoted to the post of Primary School Head Master on 03.11.2004. On completion of yet another 10 years from the date of selection grade in the post of Secondary Grade Teacher, the petitioner was further accorded selection

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W.P.(MD).No.5588 of 2021

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grade in the post of Elementary School Headmaster. After awarding selection grade in the post of Elementary School Headmaster, the impugned order dated 03.03.2021 came to be passed by the 2 nd respondent, cancelling the same.

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The learned counsel appearing for the petitioner relying upon G.O.Ms.No.210, (P&A) Department, dated 11.03.1987 submitted that the selection grade awarded to the petitioner in the post of Secondary Grade Teacher in the Middle School shall be counted for selection grade in the promoted post of Elementary School Headmaster in terms of the aforesaid G.O. and hence, the impugned order is per se illegal and pressed for quashing the impugned order by allowing this writ petition.

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4. The 1 st respondent has filed a counter affidavit and the learned Additional Government Pleader appearing for the respondents relying upon G.O.Ms.No.68, (P&A) Department, dated 23.01.1986, submitted that for advancement to Selection Grade / Special Grades, all employees, who have put in 10/20 years of satisfactory service and who satisfy all the qualifications prescribed under the Special Rules / Adhoc Rules prescribed for promotion to

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W.P.(MD).No.5588 of 2021

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the higher post shall be eligible. However, in the instant case, even before completion of 10 years of service in the promoted post of Headmaster in Elementary School calculating the original date of awarding selection grade in the post of Secondary Grade Teacher, the petitioner has been awarded with selection grade in the post of Elementary School Headmaster and the same is not permisible in G.O.Ms.No.68 (P&A) Department, dated 23.01.1986 and pressed for dismissal of the writ petition.

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5. For which, the learned counsel appearing for the petitioner drew my attention to G.O.Ms.No.210, (P&A) Department, dated 11.03.1987, which has been passed in reference with the aforesaid G.O.Ms.No.68 (P&A) Department, dated 23.01.1986 relied upon by the learned Additional Government Pleader. For better understanding, para 2 of the G.O.Ms.No.210, (P&A) Department, dated 11.03.1987 is extracted as follows:

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“ 2. The Government after careful examination accept the recommendation of the One man Committee and direct that the service in the Selection grade of the lower post shall be counted for the Selection Grade in the promoted post provided that the Selection

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W.P.(MD).No.5588 of 2021

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Grade scale of the lower post is identical to the ordinary Grade of the higher post, and that the concession be allowed only at the first promotion level.”

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Heard, the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and carefully perused the materials available on record.

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7. Obviously, the promotion of the petitioner to the post of Elementary School Headmaster is the first promotion. Hence, this Court is of the considered view that, in line of the mandates of G.O.Ms.No.210, (P&A) department, dated 11.03.1987, the selection grade awarded to the petitioner herein in the post of Elementary School Headmaster is in order and the same ought not to have been set aside by the 2 nd respondent by the impugned order. In view of the same, the impugned order passed by the 2 nd respondent, dated 03.03.2021, cancelling the Selection Grade in the post of Elementary School Headmaster, that too after 10 years from the date of grant of selection grade is hereby quashed.

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W.P.(MD).No.5588 of 2021

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8. Accordingly, this writ petition is allowed. There shall be no order as to

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costs. Consequently, connected miscellaneous petitions are closed.

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07.06.2024

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NCC : Yes / No Index : Yes / No Internet : Yes Sml

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1.The District Educational Officer, O/o. the District Educational Office, Karur, Karur District.

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2.The Block Educational Officer, O/o. the Block Educational Office, Karur, Karur District.

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W.P.(MD).No.5588 of 2021

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L.VICTORIA GOWRI, J.

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Sml

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W.P.(MD).No.5588 of 2021

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07.06.2024

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Pavun.K v. the District Educational Officer

Case brief

What is this about?

What did the court decide?

Pavun.K v. the District Educational Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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