IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 09.02.2010 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P. NO.38161 OF 2006 K. KUMAR .. PETITIONER Vs 1 THE DIRECTOR OFELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI -6. 2 THE DISTRICT ELEMENTARY EDUCATION OFFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT. 3 THE ASSISTANT ELEMNETARY EDUCATIONAL OFFICER ANAKKAVOOR PANCHAYAT UNION SCHOOLS CHEYYAR(TALUK) TIRUVANNAMALAI DISTRICT. .. RESPONDENTS PRAYER: Writ Petition came to be numbered by transfer of O.A. No.10466 of 1998 on the file of the Tamil Nadu Administrative Tribunal to direct the respondents to award the secondary grade cadre pay scale and arrears of pay for the period of service rendered by the petitioner in the place of Higher Grade from 15.10.75 to 31.05.78 by treating the said service as secondary grade while being as qualified secondary Grade Teacher in the light of G.O. Ms. No. 347 School Education Department dt. 15.09.98 and (ii) further direct the respondents to count the period of service from 15.10.1975 to 31.05.1978 rendered by the petitioner in the place of Higher Grade service along with Secondary Grade. For Petitioner : Mr. K. Thennan For Respondents : Mr. S. Siva Shanmugam Government Advocate https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition is filed to direct the respondents to award the secondary grade cadre pay scale and arrears of pay for the period of service rendered by the petitioner in the place of Higher Grade from 15.10.75 to 31.05.78 by treating the said service as secondary grade while being as qualified secondary Grade Teacher in the light of G.O. Ms. No. 347 School Education Department dt. 15.09.98 and (ii) further direct the respondents to count the period of service from 15.10.1975 to 31.05.1978 rendered by the petitioner in the place of Higher Grade service along with Secondary Grade. 2. The petitioner initially appointed as secondary grade teacher was worked as higher grade teacher from 15.10.1975 to 31.5.1978 i.e. two years seven months and 17 days in the panchayat union school. He was thereafter promoted as secondary grade assistant on 1.6.1978. He claims pay equivalent to secondary grade teacher for the services rendered as higher grade teacher for the above said period in terms of G.O.Ms.No. 347, School Education Department, dated 15.9.1998 and for other reliefs. 3. Heard Mr. Sivashanmugam, learned Government Advocate appearing for the respondents, who stated that the grievance of the similarly placed persons have been redressed by this Court in WP No. 26377 of 2006 dated 20.6.1998 relying upon the order passed by the Tribunal in O.A.No. 282, 283 and 3441 of 1993. In the said writ petition, it has been observed by this Court that no appeal had been filed against the order of the Tribunal referred to above and therefore, the respondents are bound to implement the order of the Tribunal and allowed the writ petition. 4. In view of the same, this writ petition is allowed. The respondent is directed to settle all consequential monetary benefits within twelve weeks from the date of receipt of a copy of this order. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1 THE DIRECTOR OFELEMENTARY EDUCATION COLLEGE ROAD NUNGAMBAKKAM CHENNAI -6. 2 THE DISTRICT ELEMENTARY EDUCATION OFFICER TIRUVANNAMALAI TIRUVANNAMALAI DISTRICT. 3 THE ASSISTANT ELEMNETARY EDUCATIONAL OFFICER ANAKKAVOOR PANCHAYAT UNION SCHOOLS CHEYYAR(TALUK) TIRUVANNAMALAI DISTRICT. +1cc to Govt.Pleader Sr 8779 RB(CO) km/24.2. W.P.NO.38161 OF 2006 https://hcservices.ecourts.gov.in/hcservices/