In the High Court of Judicature at Madras Dated : 19.08.2008 Coram The Honourable Mr.Justice S.MANIKUMAR Writ Petition No.26304 of 2006 --- V.Narayanan .. Petitioner v 1. The Director of School Education College Road, Nungambakkam,Madras-6 2. The Chief Educational Officer Gandhi Nagar Tiruvannamalai T.S.District 3. The Headmaster Govt.Higher Secondary School Kunnathur Arani(T.K) T.S.District .. Respondents Petitions filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to direct the respondents to create a promotional post with higher pay for the petitioner(Secondary Grade Teachers working in High/Higher Secondary School) on par with the Elementary school Headmaster with effect from 1.6.1988 onwards(ie) from the date on which the higher pay scale was given to the Elementary school Headmaster by way of awarding Selection/Special Grade by counting their total secondary grade service in the promotional post, and direct the respondents to fix the pay of the petitioner in the pay scale of Rs.2000-60-2300-75-3200 with effect from 1.6.1988 by following G.O.Ms.No.216 Finance(Pay Cell) Department dated 22.3.1993 and award the consequential arrears of pay with effect from 1.6.1988 onwards and consequential pension. For petitioner : Mr.K.Thennan For respondents : Mr. S.Gopinath,AGP O R D E R Though the petitioner sought for a larger relief of writ of Mandamus, for a direction, directing the respondents to create a promotional post with higher pay for the petitioner(Secondary Grade Teachers working in High/Higher Secondary School) on par with the Elementary school Headmaster with effect from 1.6.1988 onwards (ie) from the date on which the higher pay scale was given to the Elementary school Headmaster by way of awarding Selection/Special Grade by counting their total secondary grade service in the promotional post, and direct the respondents to fix the pay of the petitioner in the pay scale of Rs.2000-60-2300-75-3200 with effect from 1.6.1988 by following G.O.Ms.No.216 Finance(Pay Cell) Department dated 22.3.1993 and award the consequential arrears of pay with effect from 1.6.1988 onwards and consequential pension, the court cannot issue any direction to the respondents to create any post in the cadre stated above, and that too, from 1.6.1988 onwards. Equally, the Supreme Court in Chandran's case reported in 2008 (5)SCC, 173 has held that the Court should not issue direction in the matter of fixation of pay scale and therefore, the relief sought for is misconceive. 2. In view of the decision cited supra, no direction can be granted to the respondents, to create a post from 1.6.1988and hence, this writ petition is dismissed. No costs. 19.08.2008 kvsg To 1. The Director of School Education College Road, Nungambakkam,Madras-6 2. The Chief Educational Officer Gandhi Nagar, Tiruvannamalai T.S.District 3. The Headmaster Govt.Higher Secondary School Kunnathur Arani(T.K)1. The Director of School Education College Road, Nungambakkam,Madras-6 S.MANIKUMAR, J. kvsg Order in W.P.No.26304 of 2006 Dated :: 19.8.2008 ---