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Judgment
A.K. Rajan, J.—The petitioner filed the above writ petition praying to issue a writ of Certiorarified Mandamus to call for the records
pertaining to the order passed by the first respondent in his proceedings Na.Ka. No. 8586/A7/99 dated 5.3.1999 and quash the same; and direct
the respondents to convert the post of Middle School Headmaster as Headmaster of High School and fix the scale of pay of the petitioner as per
the Orders of the Government and confer all the consequential benefits.
The petitioner joined as Middle School Headmaster on 24.01.1972 in the second respondent school which was functioning as Natarajan
Damayanthi Middle School; it was upgraded as High School on 14.12.1998. The petitioner was working as Headmaster and on upgradation he
was absorbed as Headmaster in the High School. The first respondent also counter-signed in the absorption. But the first respondent conveyed
that there is no provision for sanction of the scale of pay for the post of Headmasters of the High School. Since there is no post of Headmaster for
the Middle School, the petitioner must continue as Head Master of the High School; the petitioner cannot be absorbed in the High School except
in the cadre of Headmaster.
The Government has passed a Government Order in G.O.Ms. No. 525, Education Department, dated 29.12.1997 wherein it is stated that
where the Middle School is upgraded, the post of Middle School Headmaster will be converted into that of High School Headmaster. The
petitioner gave representation that on that basis and the management is not taking any steps to get appropriate order from the Government. But the
Management gave representation to the Education Minister on 07.04.1999.
The first respondent rejected the request for designating the petitioner as Headmaster of High School stating that there are no provision (on
05.03.1999). Even though there is provision under the G.O.Ms. No. 525, the post was not upgraded or converted. Hence, the present writ
petition.
In the counter filed by the respondents, it is stated that the petitioner was absorbed in the second respondent school on 24.01.1972 and the
school was upgraded as un-aided High School( i.e. .Self Finance School) on 14.12.1998 without any aid to the teachers working in the IX and X
Standards, and as such the teachers are not eligible for government grant. The teachers are receiving salary from the management and the
Government has not sanctioned a Headmaster post to the Un-aided School in Government Letter No. 37878/D2/99 dated 19.07.2000. The
Headmaster of a High School handle classes in the High School Sections. The teachers are receiving salary from the management whereas the
petitioner is receiving salary from the Government funds. Therefore, the petitioner is not eligible for the post of Headmaster in the second
respondent High School. As per G.O.Ms. No. 525, when a middle school is upgraded as High school, the post of middle school Headmaster will
be converted into High School Headmaster. The said Government Order will not be applicable to the High School. Therefore, the petitioner is not
entitled to the relief claimed and the writ petition is liable to be dismissed.
Heard learned counsel for the parties.
Learned counsel appearing for the petitioner submitted that the same issue has been decided by this Court in W.P. No. 21347 of 2000 wherein
P.K. Misra, J. has passed the following Order:.
In view of G.O.Ms. No. 525 dated 29.12.1997, para 5 (II)(b) to the effect that when the middle school is upgraded to a High School the post of
Middle School Headmaster will be converted into High School Headmaster and that in respect of elementary schools, one post of Headmaster will
be sanctioned as per existing orders, the prayer of the petitioner is allowed and the impugned order is quashed and the respondents are directed to
take action in accordance with the aforesaid G.O.Ms. No. 525 and the petitioner shall be given all consequential benefits within the period of three
months from the date of communication of this Order."".
This judgment is squarely applicable to the facts of the present case as represented by the learned counsel for the petitioner. Therefore, as per the
said Government Order, when the middle school is upgraded, the post of the Headmaster will be converted into High School Headmaster and one
post of Headmaster will be sanctioned as per the existing order.
In the circumstances, the order passed in the earlier case in W.P. No. 21347 of 2000 is followed in this case.
In the result, the writ petition is allowed and the impugned order is quashed and the respondents are directed to take action in accordance with the
G.O.Ms. No. 525, referred to above and the petitioner shall be given all the consequential benefits, within a period of three months from the date
of receipt of a copy of this order. No costs.