IN THE HIGH COURT JUDICATURE AT MADRAS DATED : 18.09.2009 CORAM THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.5197 of 2007 R.P.Ramakrishnan Head Master (Retd.,) Government Higher Secondary School Kumarapuram Thoppur, Kanyakumari District .. Petitioner Vs. 1. The Director of School Education Chennai – 5 2. The Chief Educational Officer Nagercoil 3. The District Educational Officer Nagercoil 4. The Secretary to Government School Education Department Chennai – 9 .. Respondents PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.973 of 2002 from the file of Tamil Nadu Administrative Tribunal with a prayer to direct the respondent to fix the pay of the applicant, on par with his junior one Thiru.Krishnakumar as on 01.01.1988 in the time scale of pay Rs.2,795/- and fix his pay consequently in the 5th and 6th pay commission and pay arrears with effect from 01.01.1988 with interest. For Petitioner : Mr.G.Elanchezhiyan For Respondent : Mr.P.Muthukumar Government Advocate O R D E R Heard Mr.G.Elanchezhiyan, learned counsel for the petitioner and Mr.P.Muthukumar, learned Government Advocate for the respondent. 2. The petitioner was appointed as School Assistant on 07.04.1959. He was promoted as High School Headmaster on 14.08.1976. Thereafter, he was promoted as Higher Secondary School https://hcservices.ecourts.gov.in/hcservices/ Head Master on 06.02.1980. The Tamil Nadu Government issued G.O.Ms.No.1581, Education Department, dated 06.11.1989, considering the request of the teachers who were appointed as School Assistants, Deputy Inspectors of Schools etc., that their service rendered up to 01.10.1970 will be counted as qualifying service for the purpose of award of selection grade and special grade in the Government High School Headmasters post in the Tamil Nadu School Education Service. 3. However, it is clarified by the Director of School Education in the proceedings dated 14.06.1990 that the counting of service for grant of selection grade as per G.O.Ms.No.1581 would not apply, if as on 01.01.1978 the concerned person became Headmaster of Higher Secondary School and the concerned person would not be eligible for special grade, if he became Higher Secondary School Headmaster as on 01.10.1984. 4. One Thiru.Krishnakumar also joined as a School Assistant on 07.04.1959, the date on which the petitioner joined the service as the School Assistant. However, he was promoted as the High School Headmaster on 16.02.1977, while the petitioner was promoted to the said post on 14.08.1976. He was further promoted as Higher Secondary School Headmaster on 08.07.1987, when the petitioner was promoted on 06.02.1980. Hence Thiru.Krishnakumar is junior to the petitioner in the post of High School Headmaster and Higher Secondary School Headmaster. The grievance of the petitioner is that Thiru.Krishnakumar was fixed higher scale by granting selection grade and special grade in accordance with G.O.Ms.No.1581 and the same was not granted to him. 5. The petitioner proceeded that the junior was granted higher scale from 08.07.1987, the date on which he was made as a Higher Secondary School Headmaster. However, the junior opted for the higher scale only from 01.01.1988. Therefore, the Director of School Education in the proceedings dated 06.08.1994 directed the petitioner to re-submit the proposals to set right the pay anomaly, with a further direction to the authorities and the petitioner to make it clear that the anomaly should be rectified with effect from 01.01.1988. 6. Though the petitioner retired from service on 31.05.1992 and though the Director issued the aforesaid proceeding in 1994, no rectification took place. Hence, the petitioner filed O.A.No.973 of 2002 (W.P.No.5197 of 2007) praying for direction to the respondents to fix the pay of the applicant on par with the junior Thiru.Krishnakumar as on 01.01.1988 and to give further revision accordingly with arrears from 01.01.1988. 7. Thiru.Krishnakumar was granted higher scale of pay by granting selection grade and special grade in the post of High School Headmaster by counting the service rendered in School https://hcservices.ecourts.gov.in/hcservices/ Assistant post. Thiru.Krishnakumar could count the service from 1959 to 1970 and also from 1976 to 1987 for the purpose of selection grade and special grade in the post of High School Headmaster. But, admittedly, the petitioner cannot have such a benefit, since the petitioner was promoted as Higher Secondary School Headmaster in 1980 and thereafter, the period could not be counted for the purpose of granting selection grade and special grade in the post of High School Headmaster post. Therefore, the petitioner cannot compare with Thiru.Krishnakumar, though Thiru.Krishnakumar is admittedly his junior in the post of High School Headmaster as well as Higher Secondary School Headmaster. However, the petitioner is entitled to the grant of selection grade alone as on 01.01.1978 for High School Headmaster post by counting the earlier service rendered as School Assistant from 1959 to 1970, as explained above. Though the petitioner was appointed as High School Headmaster in 1976, he is entitled to selection grade in 1978. In these circumstances, without looking into the scale of pay given to others including Thiru.Krishnakumar, the first respondent is directed to grant selection grade to the petitioner as per G.O.Ms.No.1581 dated 06.11.1989 read with the clarification of the Director of School Education in Na.Ka.No.C.17/11273/90 Dated 14.06.1990 and arrears thereon. The first respondent is directed to undertake the aforesaid exercise within a period of 8 weeks from today. With these directions, the writ petition is disposed of. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ssp 1. The Director of School Education Chennai – 5 2. The Chief Educational Officer Nagercoil 3. The District Educational Officer Nagercoil 4. The Secretary to Government School Education Department Chennai – 9 1 cc To The Government Pleader, SR.48943 1 cc To Mr.G.Elanchezhiyan , Advocate, SR.48752 W.P.No.5197 of 2007 ssn(co)pmk.30.9.2009 https://hcservices.ecourts.gov.in/hcservices/