Judgment :- 1. The prayer in the writ petition is to issue a writ of mandamus to direct the respondents 1 and 2 to revise the basic scale of pay of the petitioner for the post of High School Headmaster from Rs.6500 to 7500 w.e.f. 01.06.1997 on the basis of the recommendation of the 3rd respondent dated 26.10.1998 and subsequent reminders with all consequential benefits and arrears of pay. 2. The case of the petitioner is that he was appointed as Secondary Grade Teacher in SBM Middle School, 4th respondent on 2.6.1986 which is an Aided Private Recognised School. The petitioner was promoted as Headmaster of Middle School when the School was a Middle school in December 1986. The promotion of the petitioner as a Middle School Headmaster was also approved and salary was paid. The fourth respondent School was upgraded as High School from 1.6.1990 on condition that no teaching grant will be paid for upgraded sections for three years. Even after upgradation of the School as High School, the petitioner acted as Headmaster of the High School and received the salary as B.T. Assistant with pay protection. In the year 1997, 4 posts were sanctioned to the fourth respondent school including the post of High School Headmaster. After the sanction of post, the petitioner was regularly appointed as Headmaster of the High School, however, the petitioner’s pay was fixed at the basic level of the High School Headmaster, as the earlier service of 11 years in the cadre of Middle School Headmaster and B.T. Assistant was not taken into account. On completion of 10 years of service as graduate teacher, the petitioner is eligible to get selection grade as per G.O. Ms.1529 Education dated 13.11.1990. However, the petitioner was not given selection grade due to non-counting of the service as Middle School Headmaster as well as B.T. Assistant with pay protection before he was appointed as High School Headmaster. The petitioner submitted a representation, the same was rejected by the Director of School Education by order dated 5.12.1997. However, the petitioner was not given selection grade due to non-counting of the service as Middle School Headmaster as well as B.T. Assistant with pay protection before he was appointed as High School Headmaster. The petitioner submitted a representation, the same was rejected by the Director of School Education by order dated 5.12.1997. Since the petitioner was wrongly fixed the scale of pay, the petitioner submitted a representation before the second respondent to reconsider the fixation of pay and rectified the mistake committed in fixing the scale of pay considering the earlier service rendered by him as Middle School Headmaster and absorption as B.T. Assistant with pay protection when the school was upgraded without the sanction of post. The District Educational Officer through his proceedings Na.ka.No.13081/A3/97 dated 26.12.1998, recommended the claim of the petitioner to the second respondent and the same is still pending. Since the petitioner has not been given refixation of pay all these years, the petitioner has filed this writ petition. 3. The learned counsel for the petitioner submitted that the similar issue was considered by this Court in W.P.No.12176/1996 and by order dated 1.10.1999, this Court allowed the writ petition for proper appreciation of the said order. Paragraph 4 to 7 are extracted hereunder: “4. Learned counsel appearing for the petitioner has argued that the petitioner was originally working as Headmaster of the middle school and after upgradation as high school, he was appointed as headmaster of the high school and he was drawing the pay in the pay scale of Rs.1640-60-2600-75-2900. Learned counsel appearing for the petitioner has argued that the pay scale of the petitioner has already been fixed in the pay scale of Rs.1640-60-2600-75-2900 as he was the headmaster and therefore refixing his pay scale of Rs.1400-40-1600-50-2300-60-2600 as in the case of assistant teacher is an arbitrary action on the part of the respondents relying upon the G.O.Ms.No.1529 dated 13.11.1990, learned counsel for the petitioner further argued that if the petitioner has worked as B.T. Asst. Teacher the respondent ought to have fix the pay scale of the petitioner at Rs.1400-2600. But the fact remains that the petitioner already reached the pay scale of Rs.1640-2900 as in the case of Middle school Headmaster and hence his pay should be fixed without reference to G.O. Ms.No.1569 dated 13.11.1990. 5. Teacher the respondent ought to have fix the pay scale of the petitioner at Rs.1400-2600. But the fact remains that the petitioner already reached the pay scale of Rs.1640-2900 as in the case of Middle school Headmaster and hence his pay should be fixed without reference to G.O. Ms.No.1569 dated 13.11.1990. 5. Learned counsel for the fourth respondent has also argued that the upgradation was approved by the concerned authority with effect from 1.1.1992 though they had no grant for conducting the class of 9th and 10th. The learned counsel for the fourth respondent has also stated that the petitioner has already reached the pay scale of Rs.1640-2900 in the post of Headmaster. However, the Government advocate relying upon the counter has vehemently opposed the writ petition stating that once the middle school has been upgraded to that of High School and middle school headmaster has to be transferred to another middle school reverting the junior most headmaster of middle school as B.T. Teacher in the upgraded high school if it is not feasible the headmaster of middle school has to be appointed as B.T. Teacher in the upgraded high school. In such cases, the pay of the incumbent should be fixed in the scale of B.T. Grade teacher. She has supported the action of the D.E.O in refixing the pay scale of the petitioner as that of Rs.1400-2600. 6. The fact remains in this case is that the petitioner was not reverted as B.T. Teacher but the petitioner still continues to work in the upgraded school. Under the above circumstances, I see no force in the argument of Government advocate in stating that the middle school headmaster has to be reverted as the B.T. Teacher. The G.O. Ms.No.1569 dated 13.11.1990 will apply in cases where the incumbent holding the post of middle school headmaster is transferred to another middle school. But here is the case where the petitioner is working as headmaster under the same management as headmaster of the upgraded high school. 7. Under the above circumstances, G.O. Ms.No.1569 dated 13.11.1990 is not applicable to the third respondent refixing the pay scale of the petitioner with reference to the G.O. Ms.No.1529 dated 13.11.1990 is quashed and consequential order dated 5.3.1996 passed by the second respondent is also quashed. The writ petition is allowed. No costs. 7. Under the above circumstances, G.O. Ms.No.1569 dated 13.11.1990 is not applicable to the third respondent refixing the pay scale of the petitioner with reference to the G.O. Ms.No.1529 dated 13.11.1990 is quashed and consequential order dated 5.3.1996 passed by the second respondent is also quashed. The writ petition is allowed. No costs. It is made clear that the respondents should pay all the consequential benefits to the petitioner within a period of three months from the date of receipt of a copy of this order.” 4. The said order was challenged by the department by filing writ appeal in W.A.No.1572 of 2000. The said writ appeal was also dismissed by the Division Bench of this Court by order dated 4.12.2006 by observing as follows: “This Writ Appeal is directed against the order, dated 1.10.1999 made in W.P.No.12176 of 1996, wherein, the learned single Judge quashed the impugned order passed by the appellants refixing the scale of pay of the first respondent based on G.O.Ms.No.1529, dated 13.11.1990 on the ground that the first respondent was not reverted as B.T. Teacher, but he continued to work in the upgraded school and the appellants ought to have reverted the first respondent as B.T. Assistant and without reverting him, continued him to work as Head Master in the upgraded School. But the admitted fact is that the first respondent has reached the pay scale of Rs.1640-2900 in the post of Head Master and therefore, as rightly held by the learned single Judge that the G.O.Ms.No.1569 dated 13.11.1990 would apply in cases where the incumbent holding the post of middle school Head Master is transferred to another middle school, but in the present case, the first respondent was working as Head Master under the same Management as Head Master of the upgraded High School and in such circumstances, G.O.Ms.No.1569 dated 13.11.1990 is not applicable to the case of the first respondent. More over, the management is also interested to continue the first respondent in the post of Head Master and there was no claim from other side. Therefore, in such circumstances, we do not find any illegality or irregularity in that order of the learned single Judge so as to interfere with the same. Accordingly, the Writ Appeal fails and the same is dismissed. 5. Therefore, in such circumstances, we do not find any illegality or irregularity in that order of the learned single Judge so as to interfere with the same. Accordingly, the Writ Appeal fails and the same is dismissed. 5. Similar issue was considered by me in W.P.No.16972/2008 in the judgment dated 25.11.2008 and following the said decision, the writ petition was allowed. 6. The learned counsel for the petitioner submitted that the said order of mine was also challenged in W.A.Sr.No.41646/2010 and the same was dismissed at the stage of condoning the delay in M.P.No.1 of 2010 by the Division Bench on 21.6.2010. 7. In view of the undisputed facts stated and having regard to the fact that the petitioner was absorbed in the High School and discharged the function as Headmaster, he is entitled to get the pay protection which was originally given throughout his career. Hence, the second respondent is directed to pass orders granting the relief to the petitioner as recommended by the third respondent within a period of eight weeks from the date of receipt of a copy of this order. 8. The writ petition is disposed of accordingly. No costs.