1. The amended prayer in the writ petition is for issuance of a writ of Certiorarified Mandamus to quash the order passed by the first respondent dated 13.01.1989 and 02.08.1981 and to direct the second respondent to pay the petitioner's salary and emoluments as that of post graduate headmaster with effect from 01.07.1978 till his retirement on 31.05.1992 with interest.

2. The case of the petitioner is that he obtained his B.A. degree in Geography during 1958 and subsequently, completed degree course in teaching from the Teachers College, Saidapet, Chennai. The petitioner was employed as a teacher and worked as headmaster between 1963 and 1966 in Meenakshisundaram High School, Idakal in Tenkasi Taluk and from 1966 to 1968 worked as B.T. Assistant in Theerthapathi High School, Ambasamudaram and subsequently as headmaster in the S.N.Ramaswami Raja High School, Gomathipuram between 1968 to 1976. During 1976, he joined the

Tilak Vidyalaya High School, Kallidaikuruchi, the fifth respondent herein as headmaster and continued as such till his date of superannuation. The said institution was a fully aided institution.

3. Consequent upon the introduction of higher secondary classes, during 1978, the fifth respondent school was upgraded as higher secondary school. The Government issued an order in G.O.Ms.No.720, dated 28.04.1981, prescribing the qualifications for the post of headmaster, teachers etc., in higher secondary schools. In terms of the said Government order, the minimum educational qualification for the post of headmaster in higher secondary school was a post graduate degree or a degree of equivalent standard or a certificate issued by the University of Madras for having undergone certificate course in Science and Humanities for graduate teachers. It is further submitted that persons, who did not possess the qualification and who were holding the post, were given 5 years time from 01.01.1978 to acquire the qualifications and on such acquisition after the concurrence of the Tamil Nadu Public Service Commission, they were to be absorbed. Further, the teachers and headmasters with graduate qualification, who were in service prior to the coming into force of the rules were termed as inducted teachers and inducted headmasters. In terms of the proceedings of the Joint Director of School Education dated 30.03.1982, applications were invited from inducted teachers and inducted headmasters and the same were approved and who have applied for post graduate course to under go special vocation cum correspondence course in Mathematics, Physics, Chemistry, Botany and Zoology. Though, the petitioner was functioning as a headmaster, as he was a graduate in Geography, he was not eligible to attend the course. Subsequently, by G.O.Ms.No.954, dated 23.05.1983, the qualifications were modified and a ten months post graduate teachers certificate course was conducted by the State Council for Educational Research and Training (SCERT) and candidates, who completed the course successfully were considered to be fully qualified to teach higher secondary schools and also entitled to the scale of pay. According to the petitioner, this provision was introduced to tide over the practical difficulty experienced by the inducted teachers and that on successful completion of the course, the candidates were deemed equivalent to a post graduate teacher. However, this concession was extended only to the inducted teachers, who were in service. Subsequently, by G.O.Ms.No.1041, dated 04.01.1985, the SCERT course was also conducted for inducted teachers in Economic, Geography, Home Science etc and the petitioner attended the course and successfully completed the same on 27.09.1987. Thus, according to the petitioner on completion of the SCERT course, he is deemed to be a post graduate teacher and eligible to be appointed as headmaster of the higher secondary school and draw the scale of pay attached to the post.

4. Based on such interpretation, the petitioner