IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 11.02.2010 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P. NO.39943 OF 2006 (O.A.No.5612/99) M. Veerasamy .. PETITIONER Vs 1. The State of Tamilnadu rep. By The secretary to the Government, School Education Department, Fort St. George, Chennai.9. 2. The Director of Elementary Education, College Road, Chennai.6. 3. The District Elementary Education Officer, Perambalur District. .. RESPONDENTS PRAYER: Writ Petition came to be numbered by transfer of O.A. No.5612 of 1999 on the file of the Tamil Nadu Administrative Tribunal to call for the records of the 2nd respondent in his order Rc.No.36515/ED I/95, dated 26.2.1998 (served on 24.3.1998), quash the same and direct the respondents to award special grade elementary school headmaster's pay scale of Rs.2000-3200 with effect from 1.6.1988 by treating the petitioner as an elementary school headmaster from the date of the transfer to the Jayankondam P.U. With retrospective effect and grant him all consequential service and monetary benefits. For Petitioner : Mr. T.M.Ayngaraprabhu for Mr. M. Muthappan For Respondents : Mr.B. Vijay Government Advocate O R D E R This writ petition is filed to call for the records of the 2nd respondent in his order Rc.No.36515/ED I/95, dated 26.2.1998 (served on 24.3.1998), quash the same and direct the respondents to award special grade elementary school headmaster's pay scale of Rs.2000-3200 with effect from 1.6.1988 by treating the petitioner as an elementary school headmaster from the date of the transfer to the Jayankondam P.U. With retrospective effect and grant him all consequential service and monetary benefits. https://hcservices.ecourts.gov.in/hcservices/ 2. The headmaster of panchayat union elementary school seeks the relief for fixation of pay. Learned counsel for the petitioner fairly states that the issue stands covered by the G.O.Ms.No. 202, School Education (G2) Department, dated24.9.2008 and this Court in a similar case, passed the following order. Paragraphs 3 and 4 of the order reads as follows:- " Learned counsel for the petitioner submits that the said order of the Tribunal was challenged by the Government in W.P.No.43010 of 2006 etc., batch and the Division Bench of this Court dismissed the above writ petitions pursuant to which, the Government issued a common order in G.O.Ms.No.202 School Education (G2) Department dated 24.9.2008. By the said G.O., the primary school Headmasters, who were holding the post prior to 1.6.1988 and subsequently transferred to other panchayat Union and posted as secondary grade teachers shall be treated as served as primary school Headmasters and their services prior to 1.6.1988 shall be counted for the purpose of selection grade and special grade irrespective of the fact whether the candidates has approached the Tribunal and got orders or not. The petitioner's case is also covered under the said Government Order. If the petitioner is not given the benefit as per the said Government Order till date, the respondents are directed to extend the benefit to the petitioner in accordance with the above said Government Order within a period of three months from the date of receipt of a copy of this order." 3. The above said decision of this Court, squarely applies to the case of present petitioner. The petitioner is entitled to make a representation to the authorities concerned referring the above said order in WP No. 39899 of 2006, dated 23.6.2009 and the G.O.Ms.No.202 School Education (G2) Department dated 24.9.2008. Such representation shall be considered and disposed of on merits without any discrimination, within a period of three months from the date of receipt of such representation. This writ petition is ordered accordingly. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ra To 1. The secretary to the Government, School Education Department, Fort St. George, Chennai.9. https://hcservices.ecourts.gov.in/hcservices/ 2. The Director of Elementary Education, College Road, Chennai.6. 3. The District Elementary Education Officer, Perambalur District. + 1 cc to Mr.T.Ayngaraprabhu,Advocate,SR.9204 + 1 cc to Government Pleader,SR.9569 WP No. 39943/2006 SP(CO) EM/23.3.10 https://hcservices.ecourts.gov.in/hcservices/