COMMON ORDER

W.P.Nos.2751 & 2752 of 2015 have been filed for issuance of Writ of Certiorarified Mandamus, calling for the entire records connected with impugned order passed by the 2nd respondent vide Na.Ka.2865/H4/2014, dated 09.06.2014 and quash the same and further direct the 2nd respondent to upgrade the post of Secondary Grade Teacher held by the petitioner as BT Assistant with effect from 01.06.2002 in the light of G.O.Ms.No.79 School Education Department dated 14.06.2002. with all consequential benefits in the light of the judgement passed in W.P.No.26483 of 2005 dated 16.04.2014, in the case of Vallalar High School Vs. The Government of Tamil Nadu.

2. W.P.Nos.4362 to 4366 of 2015 have been filed for issuance of writ of Mandamus directing the respondents to upgrade the post of Secondary Grade Teacher held by the petitioner as BT Assistant with effect from 01.06.2002 in the light of G.O.Ms.No.79 School Education Department dated 14.06.2002, with all consequential benefits in the light of the judgment passed in Vallalar High School Vs. The Government of Tamil Nadu in W.P.No.26483 of 2005 dated 16.04.2014 and W.P.(MD) No. 1664 of 2005 dated 02.11.2006 in the case of R.Padma Sheela Rani Vs.State of Tamil Nadu and others.

3. W.P.Nos.7281, 7283 & 7284 of 2015 have been filed for issuance of writ of Mandamus directing the respondents to upgrade the post of Secondary Grade Teacher held by the petitioner as BT Assistant with effect from 01.06.2002 in the light of G.O.Ms.No.79 School Education Department dated 14.06.2002, with all consequential benefits in the light of the judgment passed in W.P.(MD) No. 1664 of 2005 dated 02.11.2006 in the case of R.Padma Sheela Rani Vs.State of Tamil Nadu and others.

4. The petitioners were appointed in the post of Secondary Grade Teacher and their appointment were duly approved by the third respondent viz., The District Elementary Educational Officer. They are teaching Mathematics and English to the students of 6th to 8th Standards.

According to the expert opinion, the revised syllabus in English, Mathematics and Science subjects, the Secondary Grade Teachers were incapable to handle the revised subjects and cannot be considered to be qualified to teach the advanced Mathematics, Science and English subjects in new syllabus. Therefore, as per the expert opinion, the Government passed G.O.Ms.No.189, School Education S1 Department, dated 04.06.1998, upgrading the Secondary Grade Teacher posts in the Panchayat Middle School. Pursuant to same, the Government passed another G.O.Ms.No.79, School Education U2 Department, dated 14.06.2002, upgrading the Secondary Grade posts of English, Mathematics and Science in the 6th to 8th Standards as BT Assistant posts in the Aided Middle Schools and directed the aided schools to appoint B.Ed., qualified persons for English, Mathematics and Science subjects from 01.06.2002.

5. After the issuance of G.O.Ms.No.79, dated 14.06.2002, the BT Teachers, who were appointed in the Secondary Grade, vacancy is getting higher scale of pay applicable to the post of BT Assistant. On the other hand, the Secondary Grade Teachers, who were appointed prior to issuance of the G.O. with B.Ed. qualification, teaching the same subjects to the 6th to 8th Standards, were getting different scale of pay and they were treated differentially in terms of scale of pay. The same runs contrary to the principle of “Equal pay for equal work” guaranteed under the Constitution. Based on G.O.Ms.No.100, dated 27.06.2003, several appointments were made in the Government and Aided Middle Schools with B.Ed. qualified person in Mathematics, Science, English subjects in the vacancy arose for the post of Secondary Grade.

6. Following the said Government Order, the first respondent issued G.O.Ms.No.12, dated 18.07.2006, wherein the consolidated payment came to an end, since the second respondent, by proceedings dated 21.05.2007, approved the appointments in the time scale of pay with effect from 01.06.2006. Th