Judgment :- The prayer in this writ petition is to quash the impugned order dated 30.07.2004 and to direct the respondent 1 and 2 to approve the appointment of the petitioner as Secondary Grade Headmistress in the third respondent school with effect from 01.09.1998 and as B.T. Headmistress with effect form 211. 2003 with all consequential benefits. 2. It is the case of the petitioner that the petitioner was appointed as secondary Grade Teacher in the third respondent school on 03.02.1997 and during May 1997, three vacancies arose in the third respondent school i.e., two secondary grade teacher vacancies and one secondary grade Headmaster. The third respondent applied for filling up those vacancies to the department and the second respondent in turn has granted permission to fill up those vacancies by proceedings Mu.Mu.No.3598/a1/97 dated 07.07.1997 and accordingly, petitioner’s appointment as Secondary Grade Teacher was approved by the Additional Assistant Elementary Educational Officer, Dayankudi Range on 21.08.1997 with effect from 03.02.1997. Thereafter, the third respondent called for suitable experienced candidate for the post of Middle School Head Master to the District Employment Exchange. The District Employment Exchange issued a letter dated 08.07.1998 stating that no suitable candidate was available in the live register. As a result, the third respondent school has decided to fill up the post of Head master from the secondary grade Teachers working in the school. The petitioner’s immediate senior one SR. K. Kanthasamy relinquished the promotion post as Headmaster. The school passed a resolution on 28.08.1998 to promote the petitioner as Headmistress of the school with effect from 01.09.1998. The school sent appointment papers for approval to the Additional Assistant Elementary educational Officer, Ilayankudi Range. The second respondent rejected the proposal for approval on the ground that the petitioner was not having five years teaching experience and also stated that graduate teacher cannot be appointed in the Secondary Grade Headmaster vacancy in terms of G.O. Ms. No.559 dated 11.07.1995. The third respondent Management filed an appeal before the first respondent Management filed an appeal before the first respondent by stating that the school has sent a proposal for relaxation of experience and no order is passed till date. On 211. 2003 the petitioner was also upgrade to B.T. Grade Head Master Post. The petitioner’s prayer is to approve the appointment as Secondary Grade Head Master from 9. On 211. 2003 the petitioner was also upgrade to B.T. Grade Head Master Post. The petitioner’s prayer is to approve the appointment as Secondary Grade Head Master from 9. 1998 with Secondary Grade pay till her completion of five years of service and pay Head Master salary after completing her five years experience with a further approval of B.T. Grade Head Master from 211. 2003 from the date of upgrading the post. 3. The learned counsel for the petitioner submits that similar issue was considered by this Court in W.P. No.21006 of 2006 and by order dated 011. 2006, the appointment of one T. Subbulakshmi who is also a graduate like the petitioner was approved and for not having five years experience, on N.S. Meenakshi who was appointed from 25.09.1998 was granted approval on condition that she will get the salary as Headmaster only on completion of five years of her experience. The said order was challenge in W.A. 442 of 2007 and the Division Bench by order dated 28.03.2007 in paragraph 3 and 4 of the said judgment held as follows: “Four reasons are given by the Department for not granting approval to the appointment of the first respondent as Headmistress of the second respondent school. The first reason is that without five years experience the appointment of Primary School Headmistress was made. This ground was rightly rejected by the learned Single Judge in view of the G.O. Ms.No.97 dated 05.07.2001 relaxing the requirements of five years experience. As far as the second ground, viz. without obtaining the prior permission from the District Elementary Education Officer, the appointment was made is concerned, it is stated that though the school management has sought prior approval for appointing the Headmistress to the school, there was no response could not be run without a Headmistress, the school management was constrained to call for applications for appointment through employment exchange and through publication in newspaper and appointed the first respondent as Headmistress on 25-9-1998. When the Department has failed to consider the school management’s application dated 3-3-1998 for grant of prior approval for appointment of Headmistress and the subsequent requests, the second reason given for not granting the approval, as rightly held by the learned Single Judge, is unsustainable. The third reason is the Headmistress possesses higher qualifications for the post of Primary School Headmistress without required qualifications. The third reason is the Headmistress possesses higher qualifications for the post of Primary School Headmistress without required qualifications. This ground is also without any merit. In a similar situation, the appointment of one T. Subbulakshmi, who is also a graduate like the first respondent herein, was approved vide G.O. (2D) No.4 dated 2. 2004. The last ground is that the appointment was not made from 11-7-1995 to 19-5-1998 as stipulated in G.O. Ms. No.155 School Education Department (second defendant) dated 010. 2002 but the appointment was made on 29. 1998. On a plain reading of the said Government Order, it is seen that it is applicable only to the appointment of Secondary Grade Teacher and not to the appointment of Headmistress. 4. We are, therefore, not inclined to interfere with the order of the learned Single Judge. The appeal is dismissed. We, however, make it clear that our order should not be treated as precedent in any other case. Connected Miscellaneous Petition is closed.” 4. The learned counsel for the petitioner submits that pursuant to the aforesaid order of the First Bench of this Court, the Department has approved the appointment of N.S. Meenakshi as Headmistress on condition that till she completes five years experience, she will be paid Secondary Grade Scale of pay and after completion of five years experience, she will be paid the Headmistress scale of pay. 5. In the light of the above orders, the impugned order dated 30.07.2004 passed by the second respondent is set aside with a direction to the second respondent to consider the petitioner’s claim for approval without reference to G.O. Ms.No.559, Education, dated 11.07.1995 and pass orders thereon within a period of four weeks from the date of receipt of a copy of this order. It is made clear that if the petitioner satisfies the requirement of five years of teaching experience, she is entitled to get approval of her appointment from the date of his appointment and otherwise, she is entitled to get approval as Headmistress with the scale of pay of Secondary Grade Teacher for five years and on completion of five years, she is eligible to get the scale of pay of Headmaster and from 211. 2003 the petitioner is entitled to get B.T. Grade Head mistress salary as the post was upgraded from the said date. The writ petition is disposed of in the above terms. 2003 the petitioner is entitled to get B.T. Grade Head mistress salary as the post was upgraded from the said date. The writ petition is disposed of in the above terms. No costs. Consequently, connected W.P.M.P. is closed.