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S. M. SUBRAMANIAM, C. KUMARAPPAN
Director of Elementary Education – Appellant
Versus
D. Balrajmani – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
Prayer:Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 19.12.2017 passed in W.P.No.2390 of 2004.
The writ order dated 19.12.2017 passed in W.P.No.2390 of 2004 is sought to be assailed in the present writ petition.
2. The Director of Elementary Education is the appellant before us. The first respondent was initially appointed as Selection Grade Assistant Teacher in the Government Aided School on 01.03.1985. The post of Secondary Grade Teacher held by the petitioner from 01.03.1985 was converted as Head Master of Elementary School from 01.03.1990, as per the orders of the Director of School Education dated 31.10.2003. The said order was passed pursuant to the orders of the High court in W.P.No.3079 of 1996 dated 15.04.2002.
3. The claim of the first respondent was that he is eligible for Selection Grade in the post of Primary School Head Master. The Selection Grade Pay fixed in the post of Primary School Head Master was questioned. In this regard, it is relevant to consider that prior to implementation of Fifth Pay Commission with effect effect 01.06.1988, the post of Secondary Grade Teacher and Primary School Head Master wer
Eligibility for Selection Grade requires completion of 10 years in the respective post, as per Pay Commission recommendations.
The court emphasized the importance of considering the appellant's claim purely on merits and in accordance with law, without being influenced by any previous observations.
Stale and belated claims cannot be entertained, and benefits as directed by a Full Bench order shall be extended only to parties before the Court, with no fresh writ petitions entertained after a spe....
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 o....
The main legal point established in the judgment is that the service rendered in an equivalent post should be taken into consideration for the award of Selection Grade, especially when the conversion....
The concept of granting selection grade and special grade should not be tampered with and that teachers are either eligible for promotion or for Selection/Special Grade, not both.
Eligibility for Selection and Special Grade compensation for teachers is determined by service rendered before a statutory cutoff, upheld by higher judicial authority, barring reconsideration on proc....
The central legal point established in the judgment is the entitlement of teachers promoted as Primary School Headmasters after 01.06.1988 to the financial benefits of Selection Grade and Special Gra....
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
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