Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 2078 (MAD)

S. Mani v. Government of Tamil Nadu

2012-04-25

VINOD K.SHARMA

body2012
Judgment :- 1. This judgment shall dispose of the following Writ Petitions, viz.,:- Sl.No. Case No. Name of the petitioner 1 W. P.No.9515 of 2007 Mr. S. Mani 2. W.P.No.8309 of 2007 Mr. S. Nagarajan As the common question of facts are involved in both the Writ Petition. However, for the sake of brevity, the facts are being taken from Writ Petition No.9515 of 2007. 2. The petitioner was initially appointed as Secondary Grade Teacher on 25th July, 1968, in the Middle School. The School, where the petitioner was employed, was subsequently upgraded to High School, and the petitioner was absorbed as Secondary Grade Teacher in the High School, on 10th July, 1975. 3. No consent was obtained from the petitioner, before absorbing him in the cadre of Secondary Grade Teacher in the High School, which resulted in the juniors of the petitioner to be promoted as Primary School Head Masters carrying higher pay scale than the one paid to the Secondary Grade Teachers in the High School. 4. The juniors of the petitioner, as a consequence of their promotion as Primary School Head Masters, were thereafter, promoted as Middle School Head Masters. 5. Feeling aggrieved, the petitioners in both the Writ Petition, challenged their absorbtion as Secondary Grade Teachers in the High School without getting their consent. The applications filed by the petitioners were disposed of, by learned Tribunal, directing the respondents to take a decision on the representations filed by the petitioners for being reverted as Secondary Grade Teachers in the Middle School. 6. The respondents accepted the request of the petitioners and the petitioners were absorbed as Primary School Head Master and Middle School Head Master respectively. 7. Thereafter, based on seniority, the petitioner in Writ Petition No.9515 of 2007, was also promoted as Middle School Head Master, with effect from 13th June, 1995. 8. The grievance of the petitioners is that, though the petitioners were promoted/absorbed as Middle School Head Masters, they are being paid salary of Secondary Grade Teacher's. 9. 7. Thereafter, based on seniority, the petitioner in Writ Petition No.9515 of 2007, was also promoted as Middle School Head Master, with effect from 13th June, 1995. 8. The grievance of the petitioners is that, though the petitioners were promoted/absorbed as Middle School Head Masters, they are being paid salary of Secondary Grade Teacher's. 9. The petitioners being aggrieved by the action of the respondents in not granting the pay attached to the post, filed a representation with the respondents, but, on getting no response, the petitioners have approached this Court, praying issuance of a Writ in the nature of Mandamus, directing the respondents to grant pay scale of Middle School Head Master to the petitioners from the date of their promotion. 10. Though, the Writ Petitions were filed in the year 2007, till date, no counter has been filed. Therefore, the facts stated hereinabove are deemed to be admitted. Even otherwise, the averments made in the Writ Petitions deserves to be accepted, as the petitioners have placed on record a copies of the order promoting them as Middle School Head Masters. 11. It is a well settled law, that a person is entitled to the pay of the post, which he holds. The petitioners, having been promoted as Middle School Headmasters, cannot be denied pay scale attached to the post. 12. Therefore, action of the respondents in not granting the pay attached to the post, can safely be said to be arbitrary, thus, hit by Article 14 of the Constitution of India. 13. For the reasons stated, the Writ Petitions are allowed, the Writ in the nature of Mandamus is issued, directing the respondents to place the petitioners in the grade of Middle School Head Master from the date of their promotion, with all consequential benefits. The needful be done within three months of the receipt of a certified copy of this order. 14. No costs.