Judgment :- 1. The petitioner prays for issuance of a writ in the nature of Mandamus, directing the respondents to place the petitioner in the Special Grade pay of Rs.2200-4000 with effect from 01.06.1988, on the post of Middle School Headmaster with all consequential benefits. 2. The petitioner was appointed as Secondary Grade Teacher / Elementary School Headmaster on 26.07.1965. The petitioner acquired qualification of B.Ed in the year 1977 and M.Ed. In 1983. On 17.03.1988, the petitioner was promoted as Graduate Headmaster in the Middle School in the pay scale of Rs.730-1385 with Rs.35/-as special pay. 3. It is submitted, that prior to 01.06.1988, the scale of pay of Secondary Grade Teacher and Primary School Headmaster was same. It was after the implementation of the 5th pay commission, that separate scale of pay of Rs.1400-2600 with special pay was granted to the Headmasters Primary School and the Secondary Grade Teachers were placed in the pay scale of Rs.1200-2040. 4. The different Associations of the Teachers filed number of representations for grant of special pay scale in the post of Elementary School Headmasters, by taking into consideration the service rendered as Secondary Grade Teacher, being in the same scale of pay. 5. The representation filed by the Associations was accepted and the State Government issued instructions vide G.O.Ms.No.1381, Education Department, dated 5.10.1990, which reads as under: "Prior to 1.6.88, the scales of pay of Secondary Grade Teachers and Headmasters of Primary Schools were identical viz. 610-1075. The Secondary Grade Teachers appointed as Headmasters of Primary Schools were allowed the scale of pay in the ordinary grade, selection grade and special grade applicable to the Secondary Grade Teachers and they were allowed special pay in addition to their grade pay. After the Fifth Tamilnadu Pay Commission Government granted separate scale of pay of Rs.1400-2600 without special pay for Headmasters Primary Schools and the scale of pay of Rs.1200-2040 for Secondary Grade Teachers. 2.) The various Associations of Teachers have represented to the Government seeking issue of necessary orders for the award of Selection Grade and Special Grade to the Headmasters of Primary Schools counting the total service rendered by them in the posts of Secondary Grade Teacher and Headmaster of Primary School. 3.) The Government have examined the matter in detail. 2.) The various Associations of Teachers have represented to the Government seeking issue of necessary orders for the award of Selection Grade and Special Grade to the Headmasters of Primary Schools counting the total service rendered by them in the posts of Secondary Grade Teacher and Headmaster of Primary School. 3.) The Government have examined the matter in detail. In G.O.Ms.No.304, Finance (PC) Department, dated 28.3.1990, among other things, the following selection grade and special grade were allowed to the ordinary scale of Rs.1400-2600, which is applicable to Primary School Headmasters also:- Selection Grade Rs.1640-2900 and Special Grade Rs.2000-3200 grant of Higher Scale of pay with effect from 1.6.88. As such the Government consider, that it is more appropriate that in respect of Headmasters of Primary Schools who were in position on 1.6.88, the services rendered in the posts of Secondary Grade Teachers and Headmasters Primary Schools be taken into account for the purpose of awarding selection grade and special grade. 4.) Accordingly, the Government direct that the Headmasters of Primary Schools under the Government, local bodies and all kinds of Managements who were in position on 1.6.88 be awarded selection grade and special grade in the revised scales on or before after 1.6.88, computing the period of services rendered as Secondary Grade Teacher as well as Primary School Headmaster prior to 1.6.88. As the post of Headmaster carries higher scale of pay above that of the Secondary Grade Teachers, those promoted as Headmaster after 1.6.88, shall be allowed fixation of pay in the post of Headmaster as provided under Fundamental Rules 22B. 5.) This order issues with the concurrence of Finance Department vide its U.O.No.110624/PC/89-7, dated 5.10.90." 6. The State Government, in view of the instructions dated 05.10.1990, reproduced above, granted benefit of special grade to number of persons, holding the post of Elementary School Headmaster, by counting the service rendered by them as Secondary Grade Teacher, but the same benefit has been denied to the petitioner, which resulted in filing of representation, by the petitioner. 7. It is submitted that in spite of representation filed by the petitioner, no action was taken to implement the decisions of the State Government for grant of special grade to petitioner. 8. 7. It is submitted that in spite of representation filed by the petitioner, no action was taken to implement the decisions of the State Government for grant of special grade to petitioner. 8. It is contended by learned counsel for the petitioner, that the petitioner is entitled to selection grade and special grade in the revised pay scale, by computing the service rendered as Secondary Grade Teacher, as well as Primary School Headmaster, prior to 01.06.1988, in view of the Government instructions reproduced above. 9. Inspite of number of opportunities, no counter has been filed. Resultantly, the averments made in the affidavit in support of this writ petition, therefore, goes unrebutted. Otherwise also, the Government instructions, reproduced above, leave no manner of doubt, that for the purpose of granting selection grade and special grade, the service rendered as Secondary Grade Teacher and Primary School Headmaster has to be counted, prior to 01.06.1988, as admittedly, both the posts were in identical pay scale. 10. The action of the respondents in discriminating the petitioner, though his case is fully covered by the Government instructions, is totally arbitrary and discriminatory, therefore, is hit by Article 14 & 16 of the Constitution of India. 11. Consequently, this writ petition is allowed. A writ in the nature of mandamus is issued, directing the respondents to grant Selection Grade and Special Grade, by taking into consideration the service rendered by the petitioner, as Selection Grade Teacher and Primary School Headmaster with all consequential attendant and other benefits in accordance with law. 12. The needful be done within three months of the receipt of the certified copy of this order. No costs.