P SUBRAMANIAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The writ petitioner was appointed as Secondary Grade Teacher on 18.7.1972 in the Department of Adi Dravidar and Tribal Welfare and thereafter promoted as Primary School Headmaster. In the said post he was working from 1.1.1988 to 30.11.1989 at Adi Dravidar Welfare Primary School, Nallur, Vridhachalam Taluk, Cuddalore District. He was reverted to the post of Secondary Grade Teacher in November, 1989 and again promoted as Primary School Headmaster on 12.6.1999 and he retired from service on 31.8.2004 on attainment of age of superannuation.

(2.) Before 1.6.1988, the posts of Primary School Headmaster and Secondary Grade Teacher were treated as transferable and interchangeable, since both carried the same scale of pay. The persons who were Secondary Grade Teachers posted in exigencies as Primary School Headmasters before 1.6.1988 were granted special allowance. It was by G.O.Ms.No.666, dated 26.7.1989, as per the V Pay Commission recommendation, the post of Primary School Headmaster was separated with higher scale of pay than the Secondary Grade Teacher with effect from 1.6.1988.

(3.) By a proceeding of the Director of Elementary Education dated 17.2.1990, the persons who were holding the post of Primary School Headmaster as on 1.6.1988 were allowed to continue by deeming them to have been appointed in the said post and the posts of Primary School Headmaster which fell vacant after 1.6.1988 were directed to be filled up as per the seniority in the post of Secondary Grade Teachers, since the post of Primary School Headmaster has become a promotional post with higher scale of pay with effect from 1.6.1988. It is stated that the Department of Adi Dravidar and Tribal Welfare has also followed the said procedure and persons who were working as Primary School Headmasters as on 1.6.1988 were allowed to continue in the said post .