R.P. Ramakrishnan Head Master (Retd.), Government Higher Secondary School vs The Director of School Education, The Chief Educational Officer, The District Educational Officer and The Secretary to Government School Education Department

D. Hariparanthaman, J.—Heard Mr. G. Elanchezhiyan, learned Counsel for the petitioner and Mr. P. Muthukumar, learned Government

Advocate for the respondent.

The petitioner was appointed as School Assistant on 07.04.1959. He was promoted as High School Headmaster on 14.08.1976. Thereafter,

he was promoted as Higher Secondary School Head Master on 06.02.1980. The Tamil Nadu Government issued G.O.Ms. No. 1581, Education

Department, dated 06.11.1989, considering the request of the teachers who were appointed as School Assistants, Deputy Inspectors of Schools

etc., that their service rendered up to 01.10.1970 will be counted as qualifying service for the purpose of award of selection grade and special

grade in the Government High School Headmasters post in the Tamil Nadu School Education Service.

However, it is clarified by the Director of School Education in the proceedings dated 14.06.1990 that the counting of service for grant of

selection grade as per G.O.Ms. No. 1581 would not apply, if as on 01.01.1978 the concerned person became Headmaster of Higher Secondary

School and the concerned person would not be eligible for special grade, if he became Higher Secondary School Headmaster as on 01.10.1984.

One Thiru. Krishnakumar also joined as a School Assistant on 07.04.1959, the date on which the petitioner joined the service as the School

Assistant. However, he was promoted as the High School Headmaster on 16.02.1977, while the petitioner was promoted to the said post on

14.08.1976. He was further promoted as Higher Secondary School Headmaster on 08.07.1987, when the petitioner was promoted on

06.02.1980. Hence Thiru. Krishnakumar is junior to the petitioner in the post of High School Headmaster and Higher Secondary School

Headmaster. The grievance of the petitioner is that Thiru. Krishnakumar was fixed higher scale by granting selection grade and special grade in

accordance with G.O.Ms. No. 1581 and the same was not granted to him.

The petitioner proceeded that the junior was granted higher scale from 08.07.1987, the date on which he was made as a Higher Secondary

School Headmaster. However, the junior opted for the higher scale only from 01.01.1988. Therefore, the Director of School Education in the

proceedings dated 06.08.1994 directed the petitioner to re-submit the proposals to set right the pay anomaly, with a further direction to the

authorities and the petitioner to make it clear that the anomaly should be rectified with effect from 01.01.1988.

Though the petitioner retired from service on 31.05.1992 and though the Director issued the aforesaid proceeding in 1994, no rectification took

place. Hence, the petitioner filed O.A. No. 973 of 2002 (W.P. No. 5197 of 2007) praying for direction to the respondents to fix the pay of the

applicant on par with the junior Thiru. Krishnakumar as on 01.01.1988 and to give further revision accordingly with arrears from 01.01.1988.

Thiru. Krishnakumar was granted higher scale of pay by granting selection grade and special grade in the post of High School Headmaster by

counting the service rendered in School Assistant post. Thiru. Krishnakumar could count the service from 1959 to 1970 and also from 1976 to

1987 for the purpose of selection grade and special grade in the post of High School Headmaster. But, admittedly, the petitioner cannot have such

a benefit, since the petitioner was promoted as Higher Secondary School Headmaster in 1980 and thereafter, the period could not be counted for

the purpose of granting selection grade and special grade in the post of High School Headmaster post. Therefore, the petitioner cannot compare

with Thiru. Krishnakumar, though Thiru. Krishnakumar is admittedly his junior in the post of High School Headmaster as well as Higher Secondary

School Headmaster. However, the petitioner is entitled to the grant of selection grade alone as on 01.01.1978 for High School Headmaster post

by counting the earlier service rendered as School Assistant from 1959 to 1970, as explained above. Though the petitioner was appointed as High

School Headmaster in 1976, he is entitled to selection grade in 1978. In these circumstances, without looking into the scale of pay given to others

including Thiru. Krishnakumar, the first respondent is directed to grant selection grade to the petitioner as per G.O.Ms. No. 1581 dated

06.11.1989 read with the clarification of the Director of School Education in Na.Ka. No. C.17/11273/90 Dated 14.06.1990 and arrears thereon.

The first respondent is directed to undertake the aforesaid exercise within a period of 8 weeks from today. With these directions, the writ petition

is disposed of.