LAWS(MAD)-2011-12-59

P SIVASAMY Vs. GOVERNMENT OF TAMIL NADU

Decided On December 02, 2011
P.SIVASAMY Appellant
V/S
GOVERNMENT OF TAMIL NADU, REP. BY SECRETARY, SCHOOL EDUCATION DEPARTMENT, CHENNAI Respondents

JUDGEMENT

(1.) SINCE the issue involved in these writ petitions is one and the same, a common order is passed.

(2.) THE petitioners are the retired Head Masters. THE only question which is to be decided is as to whether the services rendered by the petitioners as Secondary Grade Teachers will have to be taken into consideration for awarding the payment under the selection Grade and Special Grade in the category of middle school Head Master.

(3.) THE fact remains that similarly placed persons as that of the petitioners have been given the benefit of the Government Orders in G.O.Ms.No.210, School Education (G1) Department dated 14.08.2009 and G.O.Ms.No.190, School Education Department, dated 12.07.2010 in respect of the conferment of Special Grade and Selection Grade and thereafter for promotion by taking into consideration of their earlier service in the lower cadre of posts, but unfortunately, the said benefit was denied to the petitioners merely on the ground that the petitioners have not approached the Tamil Nadu Administrative Tribunal or the Court. This Court is of the considered view that there is absolutely no justification for such a stand taken by the first respondent hereinfor declining to grant the relief of benefits as per the above said Government Orders, as the same would amount to discrimination.