S KUMARAVEL Vs. CHIEF EDUCATIONAL OFFICER KANCHEEPURAM

JUDGEMENT

(1.) The petitioner joined as a Secondary Grade Teacher on 01.03.1968 in the Nemili Panchayat Union School. He was promoted as Headmaster of Elementary School on 12.08.1968. He acquired qualifications of B.A. as well as B.Ed. He was promoted as Middle School Headmaster on 03.09.1979. On 07.08.1980, the Middle School was upgraded as High School. On upgradation, he was absorbed in the same School in the Government service from Panchayat Union service. However, the scale of pay of Middle School Headmaster and B.T.Assitant were same and therefore he did not have any grievance.

(2.) There was a revision in scale of pay with effect from 01.06.1988, pursuant to the recommendations of V Pay Commission. Pursuant to the pay revision, the Middle School Headmasters were given higher scale of pay. The Special Commissioner and Secretary, School Education Department, Chennai issued a letter dated 15.06.1988 stating that the Middle School Headmasters who are absorbed as B.T.Assistant in Government service, pursuant to the upgradation of the Middle Schools, would be given pay protection.

(3.) Based on the said Government letter, the petitioner was also given scale of pay Middle School Headmaster from 01.06.1988 and he was also given selection grade pay, taking into account the service as Middle School Headmaster. But, the impugned order was passed by the respondent dated 08.05.2000, ordering recovery of pay and also for re-fixation.