Elipe Dharma Rao, J.

The appellant herein was appointed as Physical Education Teacher in the 6th respondent School on 6. 1994. The 6th respondent School is functioning as a Non-minority aided Educational institution, getting grants from the State under the provisions of the Tamil Nadu Grant-in-aid code of the Educational Department and the School is covered by the rules and regulations of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Tamil Nadu Recognised Private Schools (Regulation) Rules 1974.

2. It is seen from the records that one V.Chokkalai was working as Physical Director Grade-II and he retired on attaining the age of superannuation on the A.N. of 30.9.1999, but was re-employed from 10. 1999 to 35. 2000. In the meanwhile, pursuant to the repeated requests of the said V.Chokkalai and as per G.O.(4D) No.1, School Education Department, dated 21. 2000, the Director of School Education had passed orders in his proceedings R.C.No.2431/W7/W12/97, dated 23. 2000 upgrading the post of Physical Director Grade-II held by the said V.Chokkalai to that of Physical Director Grade-I, subject to the condition that the Teacher whose post has been upgraded s