LAWS(MAD)-2020-1-65

S.PREMAVATHI Vs. DIRECTOR OF SCHOOL EDUCATION

Decided On January 06, 2020
S.Premavathi Appellant
V/S
DIRECTOR OF SCHOOL EDUCATION Respondents

JUDGEMENT

(1.) This Writ Petition has been filed challenging the proceedings of the 2nd respondent dated 19.09.2018 and for a consequential direction to the respondents to step up the pay of the petitioner on par with her Junior Prabhu Sabestian.

(2.) The case of the petitioner is that she was originally appointed as a Secondary Grade Teacher in the year 1991 at Ammapettai. Subsequently, the petitioner was transferred to the present block at Kangeyam with effect from 02.03.1994. The services of the petitioner was regularised and her probation was also declared. Thereafter, the petitioner was promoted to the post of Elementary School Headmaster and further promoted to the post of Middle School Headmaster with effect from 05.11.2007.

(3.) The petitioner found that her junior Prabhu Sabestian is getting more pay than the petitioner and there was an anomaly. In order to remove the anomaly, Rule 22 of the Fundamental Rules provides that the pay of the senior should be stepped up on par with that of the junior. In order to exercise this right, the petitioner made a representation to the 2nd respondent to step up the pay. By virtue of the impugned order, the 2nd respondent has rejected the claim only on the ground that the seniority of the petitioner can be assessed only division wise and the moment the petitioner has moved from one division to another, the seniority has to be assessed only by considering the new division. Aggrieved by this order, the present writ petition has been filed before this Court.