C.SOUNDARARAJAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorari, to call for the entire records pertaining to the impugned proceedings in Na.Ka.No.256/A1/2013 dated 15.05.2015 of the third respondent and to quash the same.

(2.) The case of the petitioner is that he was appointed as Middle School Headmaster, Venkadampatti, by the second respondent by proceedings dated 07.07.1995. Though he was appointed as Middle School Headmaster, he was provided with the scale of pay of Middle School Teacher. Thereafter, from 01.06.2000, he received the salary of Middle School Headmaster. In the meantime, his appointment as Middle School Headmaster was challenged by a Teacher namely Sulochana. Accordingly, the first respondent by proceedings dated 06.06.1997 cancelled the petitioner's appointment. Aggrieved over the same, the petitioner filed a Writ Petition in W.P.No.14757 of 1997 and this Court has also granted an order of interim stay on 26.09.1997 and this Court by order dated 04.02.2003, allowed the said Writ Petition. Pursuant to the order passed in the said Writ Petition, the first respondent quashed the cancellation of the petitioner's appointment. Hence, the petitioner requested the first respondent to grant all monetary benefits attached to his service and accordingly, the petitioner received the same.

(3.) In the meantime, on 31.12.2010, the petitioner sent a representation to the first respondent through the respondents 2 and 3 for the relaxation of five years of Secondary Grade experience in the case of Headmaster appointed in aided School. On 27.04.2011, the third respondent issued a letter to the second respondent informing that the post of Secondary Grade Headmaster was upgraded as Graduate Headmaster that too from the date of his original appointment on 01.06.1995 and requested to pass appropriate orders in this regard. The third respondent by proceedings dated 12.07.2010 stated that the arrears of salary for the period is withheld from 01.01.2010 to 31.05.2010 and the same would be disbursed only after getting orders from the second respondent.