The main legal point established is that the service period in an aided institution should be considered for the grant of Special Grade Pay as per G.O.Ms.No.992, Education Department, dated 22.06.1979, and relevant case law.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the fourth respondent in O.Mu.No. 2157/A3/2020 dated 20.06.2020 and quash the same and consequently, directing the fourth respondent to grant Special Grade Scale of pay to the petitioner, since 18.07.2017 and extend all attendant and other consequent benefits.)

1. The petitioner was appointed as a Secondary Grade Teacher on 01.07.1997 in an aided school and on completion of 10 years of service as Secondary Grade Teacher, she was provided with Selection Grade Pay. Thereafter, by the proceedings of the District Elementary Educational Officer, Thanjavur, dated 15.07.2009, she was appointed as Secondary Grade Teacher in a Panchayat Union Middle School. On completion of 20 years of service as a Secondary Grade Teacher, she applied for Special Grade scale of pay. The fifth respondent / Block Educational Officer has also recommended for Special Grade Pay by proceedings in Na.Ka.No.159/A1/2020 dated 24.02.2020. However the fourth respondent / the District Educational Officer vide his proceedings in O.Mu.No.2157/A3/2020 dated 20.06.2020 has rejected the request of the petitioner and as against the same, the present writ petition is filed.

2. Learned Counsel appearing for the petitioner, by referring the Government Order in G.O.Ms.No.992, Education Department, dated 22.06.1979, submitted that the Government has already issued directions that the services rendered by a Teacher under all kinds of Management, viz., Government, Panchayat Union, Municipal Corporation and aided agencies and also in and under the control of Director of Backward Classes and of Harijan and Tribal Welfare prior to his / her resignation, termination, transfer or migration should be counted for the required period of 10 years of service for the purpose of granting selection grade in that post excluding the period of breaks if any.

3. He further submitted that the above Government Order was upheld by this Court in A.Shanmugasundaram v. The Chief Educational Officer, Namakkal  [2018 SCC OnLine Mad 2899] following the judgment of a Division Bench of this Court in Director of Elementary Education v. S.Jeyakumar [2017 SCC OnLine Mad 24483]. Similarly placed Teachers are enjoying the benefit of this Government Order and this petitioner alone has been discriminated and has been denied the benefits. Therefore, he prayed for appropriate orders.

4. Learned Additional Government Pleader appearing for the respondent submitted that the petitioner was initially appointed in an aided School on 01.07.1997 and on completion of 10 years of service, she was awarded with Selection Grade on 19.07.2007. Thereafter, on 09.12.2009, she resigned her post and she was selected by the Teachers Recruitment Board and was posted as Secondary Grade Teacher in a Panchayat Union Elementary School. While fixing her pay in the new position, it was wrongly fixed in the Selection Grade, instead of the ordinary Scale of Pay, since the petitioner has resigned from her service, on her own willingness and as such, her earlier service period rendered in an aided School cannot be counted for the pay benefits. As per the Government Order in G.O.Ms.No 1289, Education Department, dated 18.06.1982, if a Teacher employed in any aided school is transferred and appointed on migration to another aided school, after getting prior approval of the appropriate authority of the department, such teacher will have to lose his seniority and he will be treated as a junior. Therefore, he prayed for dismissal.

5. This Court considered the rival submissions made on either side and also perused the materials placed on record.

6. The petitioner was initially appointed as Secondary Grade Teacher on 01.07.1997 and subsequently transferred to other aided institutions and she has also been provided with Selection Grade Pay after her competit