The main legal point established is the inapplicability of G.O.Ms.No.216 to the petitioner due to delay and laches, and the determination that the petitioner, working in a private aided school, was only entitled to Selection Grade and Special Grade, not promotion as Headmaster.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to revise the scale of pay of the petitioner and to pay revised Special Grade pay as per G.O.Ms.No. 304, Finance Department, dated 28.03.1990 and G.O.Ms.No.216 Finance Department, dated 22.03.1993, on par with Elementary Headmaster scale of pay to the petitioner from 07.01.1980 to 31.01.2015 till his date of retirement with all monetary benefits.)

1. This Writ Petition is filed for issuance of a Writ of Mandamus, to direct the respondents herein to revise the scale of pay of the petitioner and to pay revised Special Grade pay as per G.O.Ms.No.304, Finance Department, dated 28.03.1990 and G.O.Ms.No.216 Finance Department, dated 22.03.1993, on par with Elementary Headmaster scale of pay to the petitioner from 07.01.1980 to 31.01.2015 till his date of retirement with all monetary benefits.

2. The petitioner was appointed as Secondary Grade Teacher on 07.01.1980 and was granted Selection Grade on 07.01.1990, then, Special Grade on 07.01.2000 and retired from service on 31.01.2015 as Secondary Grade Teacher from N.A.Annapparaja Memorial Higher Secondary School, Rajapalayam. The contention of the petitioner is that the Government of Tamil Nadu has issued G.O.Ms.No.304, Finance Department, dated 28.03.1990, wherein, the scale of pay of the Selection Grade and Special Grade Secondary Grade Teachers have been revised on par with Elementary School Head Master and subsequently, the Government issued G.O.Ms.No.216, Finance Department, dated 22.03.1993. In the said G.O., it has been clearly stated that in High Schools and Higher Secondary Schools, no promotional avenue for Secondary Grade Teachers and therefore, they should be paid salary equal to the Elementary School Head Master pay. Since the petitioner was not aware of the said G.O.s, the petitioner has not claimed the benefits, while he was in service. After retirement, the petitioner is comparing with other Teachers, who have received the benefits as per the said G.O.s and has approached this Court by way of this Writ Petition.

3. The petitioner averred that one Ayyasamy retired on 30.04.2001, who worked as Secondary Grade Teacher in R.K. Government Higher Secondary School, P.Ramachandrapuram, preferred a Writ Petition in W.P.(MD)No.12321 of 2011 and by way of order, dated 22.12.2011, the respondents were directed to revise the pay scale and the third respondent, vide proceedings, dated 06.11.2013, revised the scale of pay to the said Aiyasamy. On 11.07.2016, the petitioner submitted representations to the respondents, vide order, dated 25.07.2016, directed the fourth respondent to take appropriate action at the earliest. Since the respondents have not taken any action, the petitioner has preferred the present Writ Petition.

4. The respondents have filed a counter affidavit stating that the petitioner joined N.A.A.Memorail Higher Secondary School, Rajapalayam. During his service, he was awarded Selection Grade and Special Grade. After that, he was also awarded stagnation increment for completion of 30 years of service and hence it is evident that the petitioner has availed the benefit as per G.O.No.304, Finance Department, dated 28.03.1990. The petitioner worked in the aided Higher Secondary School, which is single management. The petitioner's School was not sanctioned any post as Elementary School Head Master. The petitioner was not qualified for further promotional post, so without sanctioned post in his School the petitioner is seeking promotion as well as the promoted post salary benefit is highly irregular. The petitioner is comparing with the Government School Teachers. The Service Rules applicable to Government and Aided Schools are different. The petitioner cannot compare the Government School Teachers because in Government School the promotion is based on the seniority and other rules and regulations. The G.O.Ms.No.216, Finance De