Back
2009 Supreme(Mad) 1643
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. MANIKUMAR
M. Palanisamy
Versus
Director of Elementary Education, Nungambakkam, Madras & Others
W.P. No. 20506 of 2006 and O.A. No. 7490 of 1995
Decided on: 10-06-2009
For the Petitioners:K. Thennan, Advocate.
For the Respondent: S. Gopinathan, Additional Government Pleader.
The main legal point established in the judgment is that the post of Middle School Headmaster (Secondary Grade) is a promotional post, entitling the petitioner to the pay scale in accordance with the Special Rules and G.O. Ms. No. 784.
Headnote:
Pay Scale Denial - Secondary Grade Middle School Headmaster - Special Rules for Elementary Education Subordinate Services, G.O. Ms. No. 1383, Education (PUS-1) Department, dated 28. 1988, G.O. Ms. No. 784, R & D and LA Department dated 15. 1979 - The petitioner, a Secondary Grade Middle School Headmaster, sought the pay scale applicable to the post from the date of his promotion in 1987. The court found that the post of Middle School Headmaster (Secondary Grade) is a promotional post, entitling the petitioner to the pay scale in accordance with the Special Rules and G.O. Ms. No. 784. The court directed the respondents to fix the petitioner's scale of pay from the date of his promotion and pay the arrears within three months.
Fact of the Case:
The petitioner, a Secondary Grade Middle School Headmaster, sought the pay scale applicable to the post from the date of his promotion in 1987. The respondents denied his request, stating that he was not fully qualified for the post.
Finding of the Court:
The court found that the post of Middle School Headmaster (Secondary Grade) is a promotional post, entitling the petitioner to the pay scale in accordance with the Special Rules and G.O. Ms. No. 784. The court directed the respondents to fix the petitioner's scale of pay from the date of his promotion and pay the arrears within three months.
Issues: The main issue was whether the petitioner, as a Secondary Grade Middle School Headmaster, was entitled to the pay scale applicable to the post from the date of his promotion in 1987.
Ratio Decidendi: The court held that the post of Middle School Headmaster (Secondary Grade) is a promotional post, entitling the petitioner to the pay scale in accordance with the Special Rules and G.O. Ms. No. 784. The court also emphasized that the petitioner's seniority in the post of Secondary Grade Teacher alone is a criteria for the post of Middle School Headmaster (Secondary Grade).
Final Decision: The court allowed the writ petition, directing the respondents to fix the petitioner's scale of pay from the date of his promotion and pay the arrears within three months.
1. It is the case of the petitioner that he has been denied the pay scale, applicable to the post of “Secondary Grade Middle School Headmaster with effect from 9. 1987 by the orders of the director of Elementary Education, Chennai, dated 8. 1995. Hence, he has filed the Original Application before the Tribunal, which has been subsequently transferred to this Court and renumbered as present Writ Petition, to quash the same and consequently for a direction to fix his scale of pay in the cadre of Secondary Grade School Headmaster, with effect from 9. 1997, the date on which, he was promoted and for consequential monetary benefits.
2. Facts of the case are as follows:
The petitioner was appointed as Secondary Grade Assistant on 23. 1982 in Mani Vilundar Kuravar Seethirutha Middle School, Salem District and promoted as Secondary Grade Middle School Headmaster on 9. 1987 in the same school. On 10. 1993, the said School was taken over by the Thalaivasal Panchayat Union School and brought under the control of Department of Elementary Education. While absorbing the said school into Thalaivasal Panchayat Union School, teachers working in Mani Vilundar Kuravar Seethirutha Middle School were also absorbed into the Educational Department in the same capacity.
3. The petitioner has further submitted that when he was promoted as Secondary Grade Middle School Headmaster on 9. 1987, the school was under the control of Backward Classes Department. The petitioner’s seniors in the backward classes schools were promoted as wardens in the Hostels, whereas, the petitioner was appointed as Secondary Grade Middle School Headmaster in the same school. The petitioner has further submitted that as per the Special Rules for Elementary Education Subordinate Services, the Secondary Grade Headmaster of Middle School is a separate category and it is a promotional post to the Primary School Headmaster and Secondary Grade Assistant. Before the Fifth Pay Commission, the Secondary Grade School Headmasters where awarded higher pay scale than the Elementary School Headmasters. After the Fifth Pay Commission, with effect from 6. 1988, the Secondary Grade Middle School Headmasters and B.T. Grade Middle School Headmasters were awarded the same scale of pay. Therefore, the petitioner is entitled to get the Middle School Headmaster (Secondary Grade) pay scale with effect from the date of his promotion, i.e., from 9. 1987 onwards.
4. The petitioner has further submitted that when he was working as Middle School Headmaster in the Backward Class Department, he preferred an appeal to the District Backward Class Welfare Officer, Salem District for fixation of pay in the cadre of Secondary Grade Middle School Headmaster. When the appeal was pending, the School was taken over by Thalaivasal Panchayat Union and he was absorbed into the Department of Elementary Education. Therefore, he made appeals to the Director of Elementary Education, Chennai and the District Elementary Educational Officer, Salem District, respondents 1 and 3 herein for the above relief. Though he was fully qualified for the post of Secondary Grade Middle School Headmaster and appointed to such post on seniority, the Director of Elementary Education, Chennai, the first respondent herein, by order dated 8. 1995, has rejected his request for fixation of scale of pay. The said order is under challenge in this Writ Petition.
5. Mr. K. Thennan, the learned counsel for the petitioner submitted that post of Middle School Headmaster (Secondary Grade) is a promotional post, to the Secondary Grade Assistant under the Tamil Nadu Elementary Educational Subordinate Service Rules, vide G.O. Ms. No. 1383, Education (PUS-1) Department, dated 28. 1988 and it carries a higher scale of pay. The petitioner was duly promoted to the post of Middle School Headmaster (Secondary Grade) in accordance with the special Rules and therefore, his eligible for the pay scale in the promotional post, in accordance with the Funda
