IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.09.2009 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.16669 of 2007 (O.A.No. 2053 of 2003) M. Angusamy ... Petitioner vs. 1. The State of Tamilnadu Rep. by the Secretary to Government, Education Department, Secretariat, Chennai – 9. 2. The Director of School Education, College Road, Chennai – 6. 3. The Chief Educational Officer, Ramanathapuram. ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the 3rd respondent in connection with the order passed by him O.Mu.2585/AA5/2002, dated 08.11.2002 and quash the same and direct the respondents to pay the Middle School Headmaster scale of pay with effect from 01.06.88 with consequential benefits and revise the pension accordingly. For Petitioners : Mr. M. Venkadeshan For Respondents : Mr. P. Muthukumar, Government Advocate ORDER The petitioner was originally a Headmaster in the Middle School in a Panchayat Union. When the school was upgraded in 1983 as a High School, it became a Government High School. The petitioner chose to serve as a B.T. Assistant in the Government High School. At that time, when he was absorbed in the B.T. Assistant in the Government High School, the scale of pay of Middle School Headmaster and the https://hcservices.ecourts.gov.in/hcservices/ B.T. Assistant were the same. But subsequently, different scales were prescribed for the Headmaster of Middle School and B.T. Assistant in High School, in view of the recommendations of the V Pay Commission. When the petitioner claimed the salary of the Middle School Headmaster, while he was serving as B.T. Assistant in the Government High School, the same was negatived by the impugned order dated 08.11.2002 passed by the 3rd respondent. 2. The impugned order is based on the Judgment of the Honourable Apex Court in Civil Appeal No.4582 of 1997 reported in 1998 (8) Supreme Court Cases 26 (Director of School Education and another vs. A.K.Kandaswamy and another). In that decision, the Apex Court held as follows:- "The respondents had willingly joined Government High School service, and therefore, they thereafter belonged to a separate cadre known as secondary education service. On their absorption in government service, they ceased to be a part of the cadre of teachers serving in schools run by the Panchayat Union. Merely because their past services were counted for the purpose of protecting their "pay" and awarding selection or special grade, it cannot be said that they continued to belong to the same old cadre. The very basis on which the Tribunal proceeded was wrong and therefore its decision stands vitiated." 3. Admittedly, the petitioner, on his absorption in Government High School Service, he came to a different service altogether and ceased to be part of the teachers belonging Panchayat Union Middle Schools. Hence, he cannot compare himself with the Headmaster of Middle Schools of Panchayat Union. Hence, the Writ petition fails and is accordingly dismissed. No costs. ogy Sd/- Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Secretary to Government, Education Department, Secretariat, Chennai – 9. https://hcservices.ecourts.gov.in/hcservices/ 2. The Director of School Education, College Road, Chennai – 6. 3. The Chief Educational Officer, Ramanathapuram. +1 cc to M/s. M. Ajmal Khan, Advocate, SR.No.46336. +1 cc to the Government Pleader, SR.No.45910. W.P.No.16669 of 2007 AKR (CO), AR/5.10.2009. https://hcservices.ecourts.gov.in/hcservices/