IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 09.01.2024 PRONOUNCED ON : 03.07.2024 CORAM :

THE HONOURABLE DR. JUSTICE D.NAGARJUN W.P.No.23986 of 2016 M.Britto Lourdas ...Petitioner Vs.

1. The State of Tamil Nadu, Rep. By its Secretary to Government, Education Department, Secretariat, Chennai – 9.

2. The Director of School Education, College Road, Chennai – 6.

3. The District Elementary Educational Officer, Salem.

4. The Chief Educational Officer, Salem.

5. The Correspondent, Little Flower Higher Secondary School, Salem – 636 007. ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to upgrade the post of Secondary Grade Teacher held by the petitioner as B.T.Assistant w.e.f 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 on 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.

For petitioner : Mr.S.N.Ravichandran For respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

This writ petition has been filed to issue a writ of mandamus directing the respondent to upgrade the post of Secondary Grade Teacher held by the petitioner as B.T. (Assistant) w.e.f. 01.06.2002 as per G.O.Ms.No.79 School and Education Department dated 14.06.2002 with consequential benefits in the light of the judgment in W.P.(MD).No.1665 of 2005 dated 21.01.2006.

2. The facts in brief as per the affidavit filed before this Court is as under:

2.1 The fifth respondent is a aided religious minority institution and the same is recognized by the Government of Tamil Nadu under the Tamil Nadu recognized Private School Regulation Act. The petitioner was appointed as Secondary Grade Teacher on 04.06.1993. The Secondary Grade Teachers are in capable to handle revised subjects in English, Mathematics and Science as there were not qualified to teach advanced English, Mathematics and Science in the new syllabus thereby, as per the expert opinion the Government has passed G.O.Ms.No.189 School Education S1 Department dated 04.06.1998 to upgrade the Secondary Grade Teacher Post as Graduate post in Panchayat Middle Schools.

2.2. Pursuant to that, the Government has passed another G.O.Ms.No.79 (School Education) Department dated 14.06.2002 to upgrade the Secondary Grade Teacher Posts in English, Mathematics and Science for 6^th to 8^th standard as B.T. (Assistant) posts in the Aided Middle Schools and directed the aided schools to appoint B.Ed. qualified persons for English, Mathematics and Science w.e.f. 01.06.2002.

2.3. After issuance of G.O.Ms.No.79, ibid dated 14.06.2002, the B.T. Teachers who were appointed in the Secondary Grade Teachers vacancies were getting higher scale of pay applicable to the post of B.T(Assistant). On the other hand, the Secondary Grade Teachers who were appointed prior to issuance of the above said Government Order with B.Ed qualification who were teaching the same subjects for the same 6^th to 8^th standards were getting less scale of pay and thereby, treating them differential in terms of scale of pay. The Secondary Grade Teacher with the same qualification and same amount of work were getting different scale of pay as nomenclature as different.

2.4. The petitioner has submitted representations dated 13.06.2015 to the respondents one to four requesting to upgrade his post of Secondary Grade Teacher to that of B.T. (Assistant) in the light of G.O.Ms.No.79, ibid dated 14.06.2002 and further requested to approve his appointment as B.T.(Assistant) w.e.f. 01.06.2002. There was no response for the representations. Similarly placed persons were benefited as per G.O.Ms.No.79 and their appointments were approved as B.T.(Assistant) in the aided Middle School/High School and also in the Government Middle Schools. As per G.O.Ms.No.100 dated 27.06.2003 several appointments were made in the Governm