S P MURUGESAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Mandamus to call for the records relating to the impugned order passed by the first respondent in Na.Ka.No.101526/C22/C6/03 dated 30.06.2004 and the order passed by the second respondent in Na.Ka.No13667/A4/97 dated 03.08.2004 and quash the same and consequently direct the respondents to grant one stagnation increment to the petitioner for the period from 01.06.1991 to 31.07.1995.

(2.) THE petitioner was working as Physical Education Teacher (Special Grade) in the Government High School Aagoor Thindivanam Taluk, Vilupuram District and retired from service on 31.07.1995. It is not in dispute that he was given special grade for the post of Physical Education Teacher on 01.06.1981 and further he has completed 10 years service in the special grade on 31.05.1991. Since he had completed 10 years in the special grade, the petitioner has claimed stagnation increment with effect from 01.06.1991 to 31.07.1995, till the date of his retirement. Based on G.O.Ms.No.241, Finance Department dated 01.04.1981, the third respondent by his letter dated 04.10.2002, sent his recommendation to the Director of School Education/first respondent herein for granting stagnation increment. However, the second respondent/the Chief Educational Officer informed the petitioner that he was not eligible for stagnation increment, subsequent to the implementation of the V pay Commission.

(3.) MRS.C.K.Vishnu Priya, learned counsel appearing for the respondents 1 and 2 submitted that the petitioner was initially appointed as Physical Education Teacher on 18.01.1961 and retired on 31.07.1995, after completing 34 years service. The petitioner was awarded Selection Grade on 01.04.1974 and Special Grade on 01.04.1981, which is not in dispute.