IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.08.2011 CORAM: THE HONOURABLE Mr. JUSTICE D.HARIPARANTHAMAN WRIT PETITION No.5963 of 2007 (O.A. No.2400/2002) ----- D.Neelakandan .. Petitioner. /versus/ 1. The Government of Tamil Nadu, represented by its Secretary, School Education Department, Fort St. George, Chennai – 600 009. 2. The District Elementary Educational Officer, Thiruvallur District, Thiruvallur 602 001. 3. The Additional Assistant Elementary Educational Officer, Gummidipoondi, Thiruvallur District. .. Respondents. This Writ Petition came to be numbered under Article 226 of the Constitution of India for the issue of a writ of certiorarified mandamus by way of transfer of O.A.No.2400 of 2002, to call for the recods of the second respondent in APM No.6280/A5/2001 dated 11/2001 signed on 15.11.2001, to quash the same and to direct the second respondent and third respondent to refix the pay scale applying the G.O.Ms.No.1178 dated 22.12.1993. For petitioner : Mr. A.R.Suresh, for Mr.MSundaravadanam. For respondents : Mr. P.Karthikeyan, Govt. Advocate. for Mr.M.C.Swamy, Special Govt. Pleader. ---- https://hcservices.ecourts.gov.in/hcservices/ ORDER The petitioner was appointed as a Secondary Grade Assistant Teacher at K.L.K.Board Higher Elementary School on 16.08.1954. He was promoted as Head Master of a Panchayat Union Primary School on 08.07.1959. He worked at different schools under the same Panchayat Union till 11.06.1968. On 12.6.1968 he was posted as Higher Elementary School (Middle School) Head Master and was continuing as such till 11.6.1970. He was posted as Primary School Head Master on 12.6.1970 and continued as such till 13.6.1971. Again he continued as Middle School Head Master from 14.6.1971 till the date of superannuation. He retired from service on 30.09.1986 as Middle School Head Master. The petitioner claimed Selection Grade and Special Grade in the post of Middle School Head Master by counting the services in the post of Primary School Head Master as per G.O.Ms.No.1178, Education Department, dated 22.12.1993. But the same was declined by the second respondent in the impugned order dated 15.11.2001. The petitioner filed O.A.2400/2002 (W.P.No.5963/2007 to quash the order dated 15.11.2001 of the second respondent and to grant him Selection Grade/Special Grade by counting the service rendered by him as Primary School Headmaster and Middle School Headmaster as per G.O.Ms.No.1178. 2. No counter affidavit is filed by the respondents. 3. Learned Government Advocate has made his submissions based on the instructions from the respondents. 4. Learned counsel for the petitioner submits that prior to 2.10.1970, the post of Secondary Grade Teacher, Primary School Head Master, and Elementary School Head Master carried the same scale of pay. He has relied on paragraph 2 of the judgment of the Apex Court dated 01.03.1989 in Civil Appeal No. 994 of 1980. He has also relied on a passage in Paragraph No.6 of the G.O.Ms.No.1178, supra, and has submitted that total service in the post of Headmaster in Middle School and Headmaster in the Primary Schools should be taken into account for granting Selection Grade and Special Grade. 5. On the other hand, learned Government Advocate sought for dismissal of the writ petition. He has submitted that there is no infirmity in the impugned order. 6. I have heard the counsel on either side. 7. The petitioner was promoted as Head Master of a Panchayat Union Primary School on 8.7.1959. He was posted as Headmaster of Middle School on 12.6.1968. Again he was posted as Headmaster of https://hcservices.ecourts.gov.in/hcservices/ Primary School on 12.6.1970. He continued as Headmaster of a Primary School till 13.6.1971. Again he was posted a Headmaster of a Middle School on 14.6.1971. He continued as Headmaster of a Middle School and retired on 30.09.1986 and he was allowed to continue till the end of academic year 31.05.1987. 8. It is brought to my notice that the post of Secondary Grade Teacher, Primary School Head Master, and Elementary School Head Master carried the same scale of pay. Learned counsel for the petitioner relied upon second paragraph of the judgment of the Apex Court in Civil Appeal No.994 of 1980 and the same is extracted hereunder:- "2. Panchayat Union Councils came into existence under Tamil Nadu Panchayat Act, 1958. Teachers were employed by the Panchayat Union Councils to run the schools established by these councils all oer the State of Tami Nadu. Prior to 2nd of October 1970 there was no separate post of Headmaster in these primary and middle standard schools. There was no separate cadre of headmasters and both the posts carried the same scale of pay. Appointment to the post of headmaster was not considered promotion." 9. It is made clear that there is no separate post of Headmaster in the Primary and Middle Schools before 2.10.1970. 10. In these circumstances, the Government issued G.O.Ms.No.1178 Education Department, dated 22.12.1993, granting Selection and Special Grade to the Middle School Headmasters by counting the services rendered by them as Headmasters in Primary Schools and Middle Schools. The relevant passage in paragraph No.6 of the said G.O.Ms.No.1178, dated 22.12.1993 is extracted hereunder:- ".. further, Headmasters, middle school who were acting in the post of Headmaster, middle school prior to and after 1.10.70 shall also be allowed above selection grade/special grade taking into account the total service in the post of Headmaster." As per the said passage, for counting the period of service to the Selection and Special Grade of Middle School Headmasters, the G.O. directs the authorities to take into account the total service of "Headmasters". G.O. contemplates the counting service of both Primary and Middle School Headmasters as both carried the same scale of pay. Therefore, the impugned order is liable to be quashed. Accordingly, it is quashed. The respondents are directed to grant https://hcservices.ecourts.gov.in/hcservices/ Selection Grade and Special Grade to the petitioner in the post of Middle School Headmaster by counting the service rendered by him in the post of Primary School also prior to and after 1.10.1970. The respondents are directed to complete the abovesaid exercise within a period of six weeks by paying the monetary benefits to the petitioner. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sai To 1. The Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai – 600 009. 2. The District Elementary Educational Officer, Thiruvallur District, Thiruvallur 602 001. 3. The Additional Assistant Elementary Educational Officer, Gummidipoondi, Thiruvallur District. 1 CC to Mr.M.L.Ramesh, Advocate, S.R.No.47517 1 cc To The Government Pleader, SR.47755 W.P.5963/2007 MS(CO) SRA(6/9/2011) https://hcservices.ecourts.gov.in/hcservices/