IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 17-07-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.26402 of 2006 O.A.No.4420 of 1996 R.Pandurangan .. Petitioner. Versus 1.The Director of School Education, College Road, Madras-6. 2.Chief Educational Officer, Tiruvannamalai Taluk, T.S.District. .. Respondents. Prayer: This petition has been filed seeking for a writ of Mandamus, to direct the respondents herein to re-fix the pay scale at Rs.2120 (2000-60-2300-75-3200) on part with his juniors D.Santhanakeerthy and Mrs.K.Saroja from 1.6.88 onwards with all retrospective monetary and service benefits. For Petitioner : Mr.S.R.Balasubramaniam For Respondents : Mr.T.Seenivasan Additional Government Pleader O R D E R
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
2. The petitioner had submitted that he was appointed as an Elementary School Headmaster in the Kilpennathur Panchayat Union School at Kadambai, on 4.9.62, vide Proc.Na.Ka.Rc.No.5666/62, of the Commissioner of Kilpennathur Panchayat Union. The petitioner had joined as a Headmaster in the Panchayat Union Elementary School, Kadambai, on 15.9.62, as per the order of the Commissioner. He was working as a Headmaster in the Elementary School, continuously, upto 31.5.66. However, the petitioner was demoted as an Assistant in the Higher Elementary School, on 1.6.66, stating that it was done due to administrative reasons. Subsequently, on 16.7.66, the Higher Elementary School had been upgraded as a High school and the petitioner was appointed as a Secondary Grade Assistant. The petitioner has stated that if he had been allowed to continue as a Headmaster in the Elementary School Service, he would have got the benefit of the revised scale of pay fixed in accordance with the recommendations of the Vth Pay Commission as per G.O.Ms.No.666, dated 27.6.89, which has been given effect to, from 1.6.88. As per the Government Order, persons who were working as Elementary School Headmaster, on 1.6.88, were given the revised higher scale of pay, i.e. 2000-60-2300-75-3200, as per the Vth Pay Commission. If the petitioner had been allowed to continue as Headmaster in the Elementary service, the pay should have been fixed at Rs.2120/-. However, on the said date, the petitioner’s pay was fixed at Rs.1760/-, as he had been transferred to the Elementary School Service without his consent. In such circumstances, the petitioner has filed an original application in O.A.No.4420 of 1996, which has been transferred to this Court and re-numbered as W.P.No.26402 of 2006.
3. No reply affidavit has been filed on behalf of the respondents.
4. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioner had submitted that this Court had passed an order, on 21.2.2008, in W.P.Nos.29644 and 29645 of 2003 involving similar issues, relating to pay fixation. It was further submitted that the Tamilnadu Administrative Tribunal had passed orders, dated 19.3.2002, in a batch of applications in O.A.No.3745 of 1992 (batch). The Tribunal by its order, dated 19.3.2002, had allowed the original applications by following its earlier orders, directing the State Government to extend the benefit of pay fixation to the applicants therein. The applicants had sought for Selection Grade and Special Grade pay scales in the cadre of Elementary School Headmaster by taking their services rendered earlier as Headmasters and as Secondary Grade Teachers. As the said orders of the Tribunal had become final, this Court had passed an order, dated 21.2.2008, in W.P.Nos.29644 and 29645 of 2003, holding that it is not proper for this Court to go into the merits of the case when the Tribunal had granted the monetary benefits to all the applicants, who were similarly placed.
5. The learned counsel appearing on behalf of the respondents had not refuted the claims made by the learned counsel for the petitioner.
6. In such circumstances, this Court finds it appropriate to grant the reliefs prayed for by the petitioner, in view of the order passed by a Division Bench of this Court, in its order, dated 21.2.2008, in W.P.Nos.29644 and 29645 of 2003. Therefore, the respondents are directed to consider the claims of the petitioner and regularise the pay scale, notionally, as he had already retired from service on attaining the age of superannuation and to calculate and disburse the retiral benefits due to the petitioner in view of the order, dated 21.2.2008, passed by this Court in W.P.Nos.29644 and 29645 of 2003, with regard to similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order.
The writ petition is disposed of accordingly. No costs.
csh
To
1.The Director of School Education,
College Road, Madras-6.
2.Chief Educational Officer,
Tiruvannamalai Taluk,
T.S.District