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Article 226 in The Constitution Of India 1949

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Madras High Court
K.Saraswathy vs The State Of Tamilnadu on 2 February, 2012
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2012

CORAM:

THE HONOURABLE MR.JUSTICE VINOD K.SHARMA

W.P.No.31938 of 2005
(O.A.No.85 of 1998)
A.Ramasamy (deceased)

K.Saraswathy							... Petitioner
(Substituted as LR of A.Ramasamy 
vide order dated 06.04.2006)

 - vs -

1.	The State of Tamilnadu
	Rep. by its Secretary to Government
	Education Department,
	Fort St. George, Chennai  9.

2.	The Director of Elementary Education,
	Madras

3.	The Chief Educational Officer,
	Office of Chief Education,
	Salem-636 001.

4.	The Headmaster,
	Government High School,
	Minnampalli, Karipatti,
	Salem-636 106.						... Respondents
							
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a writ in the nature of Mandamus, directing the respondent to fix the pay of the petitioner in special grade scale in the middle school Headmaster cadre as per G.O.1170 dated 22.12.1993 Educational Department and direct them to pay the arrears within a stipulated time with interest.

		For Petitioner	: 	Mrs.A.Arulmozhi
		For Respondents	: 	Mr.R.Ravichandran,
					Addl. Govt. Pleader

O R D E R

The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus, directing the respondent to fix the pay of petitioner in special grade scale in the middle school Headmaster cadre as per G.O.1170 dated 22.12.1993.

2. G.O.(Ms) No.1170 dated 22.12.1993 reads as under:

"Proceedings of the Director of Elementary Education, Madras Rc.No.64415 B12 90 dated 10.01.1994, Government of Tamil Nadu, Abstract Elementary Education  Panchayat Union School Teachers  Promotion of Secondary Grade teachers as Headmasters of Primary schools and Middle Schools in Panchayat union  Award of selection grade and Special Grade  Clarification  Order  Issued.


Education Department 
G.O.(Ms) No.1170 			Dated 22.12.1993 
1)G.O.Ms.No.65 Education dated 11.1.79
2)G.O.Ms.No.784, R.D.&L.A.Dept.dt.14.5.79
3)G.O.Ms.No.1652 Education dated 26.10.87
4)Govt.Lr.(Ms)No.149 Education dated 26.10.87
5)G.O.Ms.No.1436 Education dt. 5.10.89
6)Govt.Lr.(Ms)No.523 Education dated 1.8.92
7)From the President, One Ten Seventy Middle School Headmasters Association Lr.dt.27.7.92, 10.8.92, 11.2.93, 9.3.93 and 5.7.93
8)From the General Secretary, Tamil Nadu Asiriyar Kottani Lt. dt.22.6.92 & 11.12.92.
9)From the General Secretary, Arambanalli Asiriyar Kootani Lt.dt.24.7.92.
10)From the Director of Elementary Education Lr.No.64415/B12/90, dated14.  .1992.

ORDER:-

In the G.O. third case above among other things the Government have issued orders for a warding of special Grade to Headmasters of Middle Schools under all kinds of management in the scale of pay of Rs.905-45-1445-50-1545 on completion of minimum period of 20 years of service irrespective of whether 10 years of service in the Selection Grade is completed or not. Orders were also issued in the Government letter fourth read above, that the orders issued in G.O.Ms.No.1652 Edn. dt.26.10.87 will take effect from 1.10.84 notionally and with monetary benefit from 1.4.86. Orders were also issued in the G.O.fifth read above, that the Junior Secondary Grade Teachers who were acting as Headmasters, Middle School, even after the issue of the G.O.Ms.No.784, RD&LA dt.14.5.79, shall be reverted immediately and they shall be allowed to draw the pay applicable to the post of Headmaster, Middle School except special pay attached to the post of Headmaster, Middle School. The Junior Secondary Grade Teachers, who acted as Headmasters, Middle School on 1.10.1970 and reverted as Headmaster, Primary School or as Secondary Assistant on or before 1.6.70 are allowed to draw pay in the scale of pay admissible to the Headmaster, Middle School, but they are not entitled to draw special pay attached to the post of Headmaster, Middle Schools.

2) Based on the above orders, most of the Headmasters of Middle Schools and Secondary Grade Teachers shave fixed their salary and drawn the arrears of pay.

3) The accountant general during the course of audit reported that excess expenditure was incurred due to incorrect award of special grade to reverted secondary grade teachers from the post of Middle School Headmasters. NHis contention was that the services put in by these junior teachers who were acting as Headmaster, Middle Schools as on 1.10.97 subsequently reverted with reference to the G.Os. to draw pay in the scale of pay of Middle School Headmaster after reversion as Selection Grade Teacher / Headmaster, Primary School in the scale of pay of Middle School Headmaster shall count as service in the selection Grade Teachers post for the purpose of advancement to Special Grade in the secondary grade Teachers' post. This was examined in consultation with Finance Department and in Dr.(Ms)No.523 Education dt.1.6.92 it was ordered that the persons continuously acting as Headmaster of Middle School alone is encitted for Special Grade counting the service in that post with effect from 2.10.1970 and that the services rendered as Secondary Grade Teachers prior to 2.10.70 and after 2.10.70 need not be reckoned for this purpose.

4) As the orders issued in Letter (Ms)No.523 Education, dated 1.6.92 is contrary to the earlier order issued in G.O.Ms.No.1652 Education dt.26.10.1987 read with letter (Me) G.O.Ms.No.149 Education, dated 2.2.1989 wherein the Government ordered that the special grade may be allowed to Middle school Headmasters retrospectively on completion of a total minimum period of 29 yeas of service in the post of Headmaster, Middle School irrespective of whether 10 years of service in the selection grade is completed or not. The Middle School Headmasters have represented that based on the earlier orders, many of the Middle School Headmasters including the reverted Middle School Headmasters who continue to draw pay in the scale of pay of Middle School Headmasters have been allowed Special Grade Scale of pay in the Middle School Headmasters scale of pay with effect from 1.10.1984 notionally and monetary effect from 1.4.84 and that the orders issued in letter (Ms) No.523 Education dt.1.6.92 will put many of the Middle School Headmasters into difficulties leading to recovery involving huge amounts of money.

5) The Government have examined their request in consultation with the Director of Elementary Education. Many of the teachers have also obtained stay orders from the Tamilnadu Administration Tribunal. A few of them have already retired and their pension regulated in the special grade pay. Further this is a dwindling category of teachers and most of them will retire in the few years. The Govt. have therefore decided to accept the recommendation of the Director of Elementary Education, Madras.

6) Accordingly, in supersession of the instructions issued in Govt.Lr.(Ms) No.523 Education dated 01.06.1992 the Government direct that the Headmasters of Middle Schools and the Junior Secondary Grade Teachers who acted as Headmasters Middle School on 1.10.70 and subsequently reverted as Headmaster, Primary School or Secondary Grade Teacher and who were allowed to retain the pay scale of Headmaster, Middle School based on Supreme Court orders be allowed selection grade (780-1185-2000-3200) and Special Grade (905-1545)/2200-4000) on completion of a minimum period of 10/20 years of service irrespective of whether 10 years service in the selection grade is completed or not. Further, Headmasters, Middle School prior to and after 1.10.70 shall also be allowed above selection grade/special grade taking into account the total service in the post of Headmasters who were acting in the post of Headmaster, Middle School

7) This order issued with the concurrence of the Finance Department vide its U.O.No.114735/CMPC/93, dated 17.1.1993.

(By order of the Governor) Jayanthi, Secretary to Government "

3. In order to claim the relief under the Government Order, referred to above, it is pleaded by the petitioner that, "The Applicant was originally appointed as Middle School Headmaster at Udaiyan Patti Middle School on 4.1.61 to 1.10.65 and at Kamarajar Colony Middle School from 2.10.65 to 31.5.71. He was posted as School Assistant in Vellala Kundam from 1.6.71 to 20.7.71 and again he has served as Headmaster of Middle School from 16.8.72 to 1.6.75 in Allikuttai and from 2.6.75 Middle School Headmaster in Govt. Higher Secondary School, Minnampalli the service particulars annexed Typeset will prove that the applicant has served as Headmaster in various stations referred above."

4. The averments made in the affidavit, if taken on its face value, also do not cover the case of the petitioner, as he does not qualify for the selection grade under the Government Order, referred to above, as he does not have requisite service for grant of special grade.

5. No merits. Dismissed. No costs.

ar To

1. The State of Tamilnadu Rep. by its Secretary to Government Education Department, Fort St. George, Chennai  9.

2. The Director of Elementary Education, Madras

3. The Chief Educational Officer, Office of Chief Education, Salem-636 001.

4. The Headmaster, Government High School, Minnampalli, Karipatti, Salem 636 106