C. Swaminathan v. Director of Adi Dravidar & Tribal Welfare Department, Chepauk
2012-07-19
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner was initially appointed as Assistant Teacher on 28.1.1969 and was promoted as Head Master from 8.3.1969. The petitioner rendered 31 years of service and retired on 31.8.2000. 2. It is submission of the petitioner that prior to 1.6.1988, there was no distinction between the post of Secondary Grade, Special Grade Assistants and primary school Headmasters. The posts were interchangeable. The post of Head Master only carries special pay from Rs.10/- to Rs.20/-. As per G.O.No.666 dated 27.6.89 the post of Headmaster was upgraded and a separate Higher scale of pay was granted. 3. The State Government issued instructions vide G.O.Ms.No.1381 dated 5.10.90 for grant of Selection Grade and Special Grade to the employees working as Primary School Head Master, but taking into consideration the service rendered as selection grade and special grade and primary School Head Master being in the same grade3. 4. The Selection Grade and Special Grade is given to the employee on completion of 10 years and 20 years of service respectively. The case of the petitioner is that the he has not been granted selection grade and special grade from due date and the benefit of Government instructions issued by G.O.Ms.No.1381 dated 5.10.90 has not extended to him. 5. As the representation filed by the petitioner was not answered, the petitioner has approached this Court with a prayer for issuance of a Writ in the nature of Mandamus to grant selection grade and special grade to the petitioner from the due date with consequential benefit of refixing of seniority as per revised pay scale. 6. The learned Government Advocate however contended that the petitioner is not entitled to the relief claimed since in pursuance of the promotion, the petitioner was given benefit of special pay and therefore, cannot be said to be in the same grade in view of grant of special pay. 7. It is also the contention of the learned Government Advocate that there was no special grade for School Headmaster prior to 1.6.88. Therefore, request of the petitioner for grant of grade of Head Master cannot be allowed to him. 8. There is force in this contention of the learned Government Advocate.
7. It is also the contention of the learned Government Advocate that there was no special grade for School Headmaster prior to 1.6.88. Therefore, request of the petitioner for grant of grade of Head Master cannot be allowed to him. 8. There is force in this contention of the learned Government Advocate. The petitioner cannot claim the grade of Head Master prior to 1.6.88, but, the petitioner is certainly entitled to the benefit of Government Instructions issued by G.O.Ms.No.1381 dated 5.10.90 and is entitled to grant of selection grade and special grade on completion of 10 years and 20 years of service after taking into consideration the service rendered as secondary grade teacher and primary school headmaster. 9. The writ petition is partly allowed and a writ in the nature of mandamus is issued directing the respondent to grant selection and special grade to the petitioner by taking into consideration the service rendered as secondary grade teacher and primary school head master and consequently re-fix his pay and pension, as the petitioner had retired from service. 10. The needful is to be done within a period of three months from the date of receipt of certified copy of this order. No costs.