IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 11-07-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.26072 of 2006 (O.A.No.7190 of 1996) K.Thiagarajan .. Petitioner/Applicant Versus 1.Director of School Education, Chennai-6. 2.Chief Educational Officer, Pudukkottai, Pudukkottai District. .. Respondents/Respondents Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 2nd respondent in his proceedings A.Thi.Mu.No.9942/A2/96, dated 15.10.1996 and set aside the same; and direct the respondents to fix the scale of pay of the applicant in the cadre of Headmaster of Middle School; and sanction Special Grade at Rs.2200/- or in the alternative to fix the scale of pay of the applicant as per G.O.Ms.No.216, Finance Department, dated 22.3.93. For Petitioner : Mr.S.Mani For Respondents : Mr.T.Seenivasan Additional Government Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2. The petitioner has submitted that he had started his career as a Secondary Grade Teacher and he was appointed as a Headmaster of Elementary School, on 1.8.61. Thereafter, he was promoted as a Headmaster of Middle School, on 4.6.63. The Middle https://hcservices.ecourts.gov.in/hcservices/ School in which the petitioner was working was upgraded as a High school and the petitioner was absorbed in the High school and appointed as a Secondary Grade Teacher, on 22.7.66. Thereafter, he was serving as a Secondary Grade Teacher. He had continued as such till the date of his retirement, on 31.5.96. 3. The petitioner has further stated that the Government of Tamilnadu had issued orders in its Letter No.76967/M1/84, Education Department, dated 15.6.88, wherein it was stated that all the Middle School Headmasters shall be called only as Headmaster of Middle School, even though they were working in the High School, on absorption. Further, there was no difference in pay between the two posts. The Pay Commission had introduced separate higher scale of pay for the post of Headmaster of Middle School, fixing the pay at Rs.1640/-. Correspondingly, the scale of pay was fixed at Rs.2,000/- for Selection Grade and at Rs.2200/- for Special Grade. The petitioner, being a Headmaster of Middle School, is entitled for the scale of pay applicable to the post of Headmaster of Middle School. Therefore, the petitioner had made a representation for fixing his scale of pay at Rs.2200/-. However, the representation was rejected by the second respondent by his impugned order, dated 15.10.96. In such circumstances, the petitioner had filed an original application in O.A.No.7190 of 1996, which has been transferred to this Court and renumbered as W.P.No.26072 of 2006. 4. No reply affidavit has been filed on behalf of the respondents. 5. At this stage of the hearing of the writ petition, the learned counsel for the petitioner had submitted that the Tamil Nadu Administrative Tribunal had passed an order in a batch of original applications in O.A.No.694 of 1995 (batch), dated 22.2.2002, wherein it was ordered that the petitioners should be given the same benefit as if they had continued as Headmasters and the consequential monetary benefits, such as Selection Grade and Special grade, including the increments, shall be given to them till their retirement. The respondents in the said original applications had filed writ petitions before this Court challenging the order passed by the Tribunal, on 22.02.2002, made in the original applications. A Division Bench of this Court, by its order, dated 1.7.2008, made in W.P.No.15813 of 2005 (batch), modified the order and held as follows: "7. Since the first respondent in all the writ petitions got absorbed as B.T.Assistant in High School with effect from 1981 though not voluntarily, they ceased to be the members of Panchayat Union service. The Government had taken into consideration their request https://hcservices.ecourts.gov.in/hcservices/ and granted pay protection and also designation and other reliefs by issuing orders dated 15.6.1998. 8. Therefore, in so far as fixation of pay is concerned, the scale of pay for the first respondent in all the writ petitions cannot be fixed in the scale of pay for the Middle School Headmaster as they ceased to be Headmaster of Middle School from 1981 and if at all, they are entitled to pay protection and other benefits consequent upon their service as Headmaster of Middle School. Therefore, notional benefit can be given only for the purpose of seniority, and other terminal benefits and they cannot be given monetary benefits in terms of money. Therefore, to that extent the impugned orders passed by the Tribunal are modified. The services rendered by the first respondent in all these writ petitions as Headmaster in Middle School can be taken into account for the purpose of seniority and other benefits for calculation of terminal benefits and they are not entitled to get monetary benefit in terms of actual payment of money. Therefore, the writ petition is allowed to the extent indicated above and the impugned orders passed by the Tribunal are accordingly modified. But in the circumstances, there will be no order as to costs. Consequently, WP.M.P.Nos.17249, 18880, 20351 and 22563 of 2005 are closed." Therefore, the learned counsel for the petitioner had submitted that it would suffice if a similar order is passed in the present writ petition. 6. The learned counsel for the respondents has no objection for this Court passing such an order. 7. Based on the submissions made by the learned counsels appearing on behalf of the petitioner as well as the respondents, the respondents are directed to take into account the services rendered by the petitioner, as a Headmaster of the Middle School only for the purpose of fixing his seniority, notionally, and for calculating his terminal benefits. https://hcservices.ecourts.gov.in/hcservices/ The writ petition is disposed of with the above observations. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1.The Director of School Education, Chennai-6. 2.The Chief Educational Officer, Pudukkottai, Pudukkottai District. +1cc to Govt. Pleader Sr 37301 PUR(CO) km/8.8. Writ Petition No.26072 of 2006 https://hcservices.ecourts.gov.in/hcservices/