D DAVID LIVINGSTON Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of mandamus to direct the respondents 1 and 2 to revise the basic scale of pay of the petitioner for the post of High School Headmaster from Rs.6500 to 7500 w.e.f. 01.06.1997 on the basis of the recommendation of the 3rd respondent dated 26.10.1998 and subsequent reminders with all consequential benefits and arrears of pay.

(2.) THE case of the petitioner is that he was appointed as Secondary Grade Teacher in SBM Middle School, 4th respondent on 2.6.1986 which is an Aided Private Recognised School. THE petitioner was promoted as Headmaster of Middle School when the School was a Middle school in December 1986. THE promotion of the petitioner as a Middle School Headmaster was also approved and salary was paid. THE fourth respondent School was upgraded as High School from 1.6.1990 on condition that no teaching grant will be paid for upgraded sections for three years. Even after upgradation of the School as High School, the petitioner acted as Headmaster of the High School and received the salary as B.T. Assistant with pay protection. In the year 1997, 4 posts were sanctioned to the fourth respondent school including the post of High School Headmaster. After the sanction of post, the petitioner was regularly appointed as Headmaster of the High School, however, the petitioner"s pay was fixed at the basic level of the High School Headmaster, as the earlier service of 11 years in the cadre of Middle School Headmaster and B.T. Assistant was not taken into account. On completion of 10 years of service as graduate teacher, the petitioner is eligible to get selection grade as per G.O. Ms.1529 Education dated 13.11.1990. However, the petitioner was not given selection grade due to non-counting of the service as Middle School Headmaster as well as B.T. Assistant with pay protection before he was appointed as High School Headmaster.

(3.) LEARNED counsel appearing for the petitioner has argued that the petitioner was originally working as Headmaster of the middle school and after upgradation as high school, he was appointed as headmaster of the high school and he was drawing the pay in the pay scale of Rs.1640-60-2600-75-2900. LEARNED counsel appearing for the petitioner has argued that the pay scale of the petitioner has already been fixed in the pay scale of Rs.1640-60-2600-75-2900 as he was the headmaster and therefore refixing his pay scale of Rs.1400-40-1600-50-2300-60-2600 as in the case of assistant teacher is an arbitrary action on the part of the respondents relying upon the G.O.Ms.No.1529 dated 13.11.1990, learned counsel for the petitioner further argued that if the petitioner has worked as B.T. Asst. Teacher the respondent ought to have fix the pay scale of the petitioner at Rs.1400-2600. But the fact remains that the petitioner already reached the pay scale of Rs.1640-2900 as in the case of Middle school Headmaster and hence his pay should be fixed without reference to G.O. Ms.No.1569 dated 13.11.1990.