IN THE HIGH COURT OF JUDICATURE OF MADRAS DATED: 15.09.2009 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN WRIT PETITION NO.6979 Of 2007 S.Sivaraj ... Petitioner Vs. 1. The Director of Elementary Education, College Road, Nungambakkam, Chennai-6. 2. The District Elementary Education Officer, Erode, Erode District. 3. The District Elementary Education Officer, Karur, Karur District. ... Respondents Prayer: The Writ Petition came to be numbered under Article 226 of the Constitution of India by transfer of O.A.No.1451 of 2002 on the file of the Tamil Nadu Administrative Tribunal praying to direct the respondents to award Special Grade in Middle School Headmaster pay and pay scale with effect from 01.06.1988 onwards by counting his earlier service in Primary School Headmaster category along with the present Middle School Headmaster post and award the pay scale of Rs.2200-4000 with effect from 01.06.1988 onwards and further direct the respondents to award the consequential benefits including the consequential pensionary benefits. For petitioner : Mr.K.Thennan For respondents : Mrs.C.K.Vishnupriya, Additional Govt. Pleader. ORDER The Original Application in O.A.1451 of 2002 is now the present Writ Petition before this Court. 2. Heard the submissions made by Mr.K.Thennan, learned counsel for the petitioner and Mrs.C.K.Vishnupriya, learned Additional Government Pleader for the respondents. 3. The petitioner was initially appointed as Elementary School Headmaster on 01.07.1964 in Mulanur Panchayat Union. Later, he became https://hcservices.ecourts.gov.in/hcservices/ B.T. Grade Middle School Headmaster in Mulanur Panchayat Union from 01.08.1983. While he was serving as Headmaster in Middle School, he was appointed as Assistant Elementary Educational Officer from 26.10.1996, by transfer of service. He retired on 31.05.2001, on reaching the age of superannuation. 4. The petitioner filed the O.A.No.1451 of 2002 (W.P.No.6979 of 2007), praying for a direction to the respondents to grant him Special Grade in Middle School Headmaster pay from 01.06.1988, by counting his earlier services rendered as Elementary School Headmaster also. 5. The persons similarly placed like that of the petitioner, approached the Tamil Nadu Administrative Tribunal by filing an application in O.A.No.2250 of 1991, praying for counting the services rendered in the Elementary School Headmaster post for granting Selection Grade and Special Grade in the post of Middle School Headmaster. The Original Application was allowed on 25.04.1996. In the said order, the Tribunal relied on G.O.Ms.1381, Education Department, dated 05.10.1990, wherein, the Elementary School Headmasters holding the post as on 01.06.1988 were awarded Selection Grade and Special Grade by counting their lower cadre of Secondary Grade service as well as the Elementary School Headmaster service. The Tribunal held that, such a concession was given for the purpose of awarding Selection Grade and Special Grade for the Elementary School Headmaster, and hence, the same principle should apply to the next higher cadre, namely, Middle School Headmaster. The relevant passage from G.O.Ms.1381 Education Department, dated 05.10.1990 is extracted hereunder: " As per G.O.Ms.1381, Education Department, dated 05.10.1990, the Elementary School Headmasters holding the post as on 01.06.1988 were awarded Selection Grade and Special Grade by counting their lower cadre Secondary Grade service as well as Elementary School Headmaster service. When the concession of counting next lower cadre service for the purpose of awarding selection grade and special grade for the post of Elementary School Headmaster is shown, the same principle should apply to the next higher cadre Middle School Headmaster." 6. Therefore, the 65 Middle School Headmasters similarly placed like that of the petitioner, filed original applications before the Tamil Nadu Administrative Tribunal, claiming relief based on the order in the aforesaid O.A.No.2250 of 1991 and those 65 original applications were allowed, by the Tribunal in the order, dated 17.04.2002. Paragraph-3 of the Tribunal's order dated 17.04.2002 is extracted hereunder: "3. Similarly placed persons filed O.A.No.2250 https://hcservices.ecourts.gov.in/hcservices/ of 1991 before this Tribunal and on 25.04.1996, an order came to be passed in their favour, which reads as follows: As such, we direct the respondents to award the Special Grade to the applicants' cadre of B.T. Middle School Headmaster by reckoning their earlier service rendered in Elementary School Headmaster cadre and the present B.T. Grade Middle School Headmaster service with effect from 01.06.1988 onwards and fix the pay of the applicant in the pay scale on Special Grade Middle School Headmaster pay scale of Rs.2200-4000 with effect from 01.06.1988 onwards within two months from the date of receipt of this order or a copy thereof. The application is allowed." 7. The Tamil Nadu Government issued G.O.Ms.210, School Education Department, dated 14.08.2009, implementing the aforesaid orders of the Tribunal. 8. The case of the petitioner is squarely covered by the aforesaid decision. In fact, in the said G.O.Ms.210, School Education Department, dated 14.08.2009, the Government directed to count the earlier services rendered in the posts of (i) Secondary Grade Teacher (ii) Headmaster in Elementary School (iii) Headmaster in Middle School before 01.06.1988. 9. In this case, the petitioner is put in a better position as his service in Elementary School Headmaster is counted, it is sufficient for granting him the Special Grade from 01.06.1988. 10. In this circumstance, direction is issued to the 1st respondent to grant Special Grade with effect from 01.06.1988 to the petitioner, by counting his earlier services rendered as Elementary School Headmaster and Middle School Headmaster for the said purposes and to pay him the arrears within a period of eight weeks from the date of receipt of a copy of the order. 11. With the above directions, the Writ Petition is disposed. No costs. va Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Director of Elementary Education, College Road, Nungambakkam, Chennai-6. 2. The District Elementary Education Officer, Erode, Erode District. 3. The District Elementary Education Officer, Karur, Karur District. + 1 CC to Government Pleader (CC SR.No.47680/09) W.P.No.6979 of 2007 KGK(CO) VC(07.10.2009) https://hcservices.ecourts.gov.in/hcservices/