V PAULDURAI Vs. DIRECTOR OF ELEMENTARY EDUCATION CHENNAI

JUDGEMENT

(1.) THE writ petitioner, who has completed his B.Sc. and B.Ed. degrees, joined as B.T.Assistant in St.Joseph Boys High School, Yercaud, Salem on 1.10.1978, which is stated to have been approved. When the post of Headmaster of Middle School fell vacant in the third respondent School, the petitioner got himself relieved from the school at Yercaud on 2.7.1984 and joined the third respondent school on 3.7.1984. He was also granted selection grade on 1.10.1988 and special grade on 1.10.1998.

(2.) WHEN the petitioner was working in the elementary school at Chinthamani, Tirunelveli District under the control of R.C. School management, the school was upgraded as middle school on 1.6.1989 on condition that for middle school no aid would be given. The management has filed a writ petition challenging the said order and the same was allowed and the further appeals filed by the Government before the Division Bench and before the Apex Court came to be dismissed. 2(a). There were three posts of secondary grade teachers sanctioned for Standards VI to VIII in the third respondent school on 20.12.1999. During upgradation as middle school, the then Headmaster of the elementary school retired on 31.5.2005. The petitioner was posted, after upgradation of the said middle school which is under the same R.C. management on 7.6.2005. 2(b). Since, as per the Government Order, for upgradation of elementary school as middle school, one post has to be upgraded as Headmaster, the third respondent school made representation for upgradation of the post of elementary school Headmaster into middle school Headmaster and the Director of Elementary Education, by order dated 2.4.2008, granted such upgradation of the post of elementary school Headmaster as middle school Headmaster with effect from 2.4.2008. Based on that, the second respondent passed the consequential order on 25.4.2008, approving the upgradation and the salary of the middle school Headmaster was released from 2.4.2008. 2(c). The grievance of the petitioner is that from the date when he was transferred and posted in the third respondent Middle school on 7.6.2005, till the Director of Elementary Education passed the order on 2.4.2008 approving the upgradation of the post of elementary school Headmaster as middle school Headmaster, he was not paid the salary of Headmaster. It is, the order of the first respondent dated 2.4.2008 in approving the upgradation of the elementary school Headmaster as middle school Headmaster with effect from the date of said order viz., 2.4.2008 is challenged by the petitioner. 2(d). In fact, it is the case of the petitioner that after upgradation of the school as Middle School, the petitioner was posted by transfer on 7.6.2005 and therefore, from that day onwards, the upgradation of the post of Headmaster should be given effect to and not from 2.4.2008 on the ground that the third respondent is an aided school and after a prolonged legal battle, it was upgraded as middle school and the respondents ought to have granted the upgradation of Headmaster post from 7.6.2005, even if not 1.6.1997, the date on which the school was granted aid as upgraded middle school, vide G.O.Ms.No.525 School Education Department dated 29.12.1997.

(3.) ON facts, it is clear that the third respondent school which had appointed the petitioner by way of transfer from another R.C.Management school on 7.6.2005, sent its proposal for upgradation of the post of Headmaster only after appointment of the petitioner in the third respondent school. Even though the third respondent school was upgraded as middle school on 1.6.1989, actually the grant for teaching staff for Standards VI to VIII was released by the Government as per G.O.Ms.No.350 School Education Department, dated 20.12.1999 and therefore, the third respondent school has become an approved middle school from the said date, entitled to appoint a person as middle school Headmaster. However, the fact remains that the then existing Headmaster in the third respondent school was allowed to continue till the date of his retirement in 2005 and thereafter, the petitioner by transfer was posted as Headmaster of the third respondent middle school.