Judgment

Nanavati, J.-The appellants have challenged in this appeal the decision of the Tamil Nadu Administrative Tribunal in O.A. No. 2010 of 1992.

2. Both the respondents were initially appointed as teachers in Panchayat Union Primary School. In the year 1985, they were serving as teachers in the Middle School of the Panchayat Union at Alangombu. The said Middle School was upgraded as Government High School with effect from 28.10.85. The respondents opted for absorption in the Government High School and therefore became a part of the secondary education service. Some junior teachers who had continued as teachers in the Panchayat Union Primary Schools were subsequently promoted as Head Masters in the Primary and the Middle Schools run by the Panchayat Union. They were allowed to draw their pay in the scale of Rs. 2000-3200 from 1.6.88, following G.O. No. 1381 dated 5.10.1990. The result was that they started getting more pay than the respondents and other teachers in the Government High Schools with continued to draw the selection grade which happened to be less than the pay scale of the Head Masters in Primary and Middle schools of the Panchayat Union. The respondents, therefore, approached the Tamil Nadu Administrative Tribunal with a prayer to direct the Government to fix their pay on par with the pay of the Head Masters in Panchayat Union Schools in the scale of Rs. 2000-3200 with effect from 1.6.88 and then to award selection/special grade and other benefits after taking into consider­ation their higher grade service period of three years and six months in Panchayat Union schools. The contention of the respondents was that if they had continued in their parent unit i.e. Panchayat Union Schools, they would have become Head Masters in Primary/Middle Schools on the basis of their seniority and thus entitled to the pay scale of Rs. 2000-3200.

3. The Tribunal relying upon G.O.s dated 27.1.60 and 1.6.78 held that teachers of Elementary and Middle Schools and teachers of High Schools constituted one service. It rejected the contention of the appellants that on introduction of the new system of education and the Government upgrading Middle Schools as High Schools and taking them over and the respondents having opted for High School service they became members of a different service. It further held that the respondents were entitled to be paid on par with their juniors in the Elementary/Middle School Head Masters pay scale. Relying upon G.O. dated 5.10.90 it also held that just as the teachers holding the posts of Elementary/Middle School Head Masters were awarded selection/spe­cial grade by counting their entire lower cadre secondary grade serv­ice, the respondents should also be given that benefit to avoid dis­crimination. The Tribunal allowed the application and directed the appellants to fix pay of the respondents on par with secondary/special grade Head Master with effect from 1.6.88 and to give them consequen­tial benefits also. Aggrieved by the decision of the Tribunal the Director of School Education and the Chief Education Officers have approached this Court.

4. Learned counsel for the appellants contended that the view taken by the Tri­bunal that even after the Middle Schools were upgraded as High Schools and taken over by the Government teachers of those High Schools and teachers of the Panchayat Union schools constituted one service is wholly erroneous. He submitted that on the middle schools being upgraded as High Schools and taken over by the Government the teachers of such schools became Government servants and ceased to be a part of the Panchayat Union service. He further submitted that the two services being different the respondents were not entitled to claim benefit of special/selection grade payable to the Head Masters of Elementary/Middle Schools of the Panchayat Union. Learned counsel for the respondents tried to support the decision of the Tribunal by relying upon the above-mentioned and some more G.O.s.

5. The