A.K.Rajamanickam, v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 29.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34487/2015 A.K.Rajamanickam ..Petitioner Vs 1.The Principal Secretary to Government Government of Tamil Nadu School Education Department, Secretariat, Fort St George Chennai 600 009.
2.The Director of School Education College Road, Nungambakkam, Chennai 600 006.
3.The Chief Educational Officer Thiruvannamalai, Thiruvannamalai District.
4.The District Educational Officer Thiruvannamalai, Thiruvannamalai District.
5.The Headmaster Government Boys Higher Secondary School Cheyyar 604 407, Thiruvannamalai District.
..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to award pay protection in the category of B.T. Grade Middle School Headmaster with effect from the date of absorption 26.06.1974 to the date of retirement 31.03.2003 in the light of the Government Letter issued by Special Commissioner and Secretary to the Government, School Education Department in Government Letter No.76967/M1/88 dated 15.06.1988 and award selection grade Middle School Headmaster Pay scale w.e.f. 1.06.1988 to 13.03.1991 and Special Grade Middle School Headmaster pay with effect from 14.03.1991 to 31.03.2003 and the consequential benefits including revision of pension.
For Petitioner : Mr.K.Thennan For Respondents : Mr.V.Subbiah, Spl.GP
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner claims that he was fully qualified to become a Secondary Grade Teacher and accordingly, he functioned in the post of Secondary Grade Teacher in Elementary School between 13.03.1971 and 06.12.1971 ; rendered service as Middle School Headmaster [Secondary Grade] from 07.12.197 to 25.06.1974 and got absorbed as Secondary Grade Teacher while upgradation was done in respect of Middle School as High School, on 26.06.1974. The petitioner worked as Secondary Grade Teacher in High School after absorption from 26.06.1974 to 27.11.1989 and also served as B.T.Assistant [Tamil] between 28.11.1989 to 31.03.2003 and retired from service on attaining the age of superannuation on 31.03.2003. It is stated that the School Education Department in its Letter No.76967/M1/88 dated 15.06.
1988 awarded Pay Protection to the Middle School Headmasters who were absorbed to High Schools while Middle Schools were upgraded as High Schools. Similarly placed persons have filed WP.No.7980/2013 and this Court, vide order dated 09.09.2014 has quashed the impugned order with appropriate directions. Since the petitioner is similarly placed, he prays for appropriate orders. This Court heard the submissions of the learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents.
Though the petitioner has prayed for the larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the same, directs the respondents 1 and 2 to consider and dispose of the petitioner's representation dated 07.01.2015 on merits and in accordance with law, after taking note of the above cited Government Letter dated 15.06.1988 and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
The writ petition is disposed of accordingly. No costs.
sd/ ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB-ASSISTANT REGISTRAR AP
To 1.The Principal Secretary to Government Government of Tamil Nadu School Education Department, Secretariat, Fort St George, Chennai 600 009. 2.The Director of School Education College Road, Nungambakkam, Chennai 600 006. 3.The Chief Educational Officer Thiruvannamalai, Thiruvannamalai District.
4.The District Educational Officer Thiruvannamalai, Thiruvannamalai District.
5.The Headmaster Government Boys Higher Secondary School Cheyyar 604 407, Thiruvannamalai District.
+1 CC to MR. K.Thennan Advocate. SR.NO. 59160 +1 CC to Govt.Pleader. SR.NO. 59283 W.P.No.34487/2015 CO-MP JD 20/11/2015