CARUNIA VANITHA Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the first respondent in his proceedings Na.Ka.No.188701/L3/2009 dated 19.08.2010 and quash the same and to consequently direct the respondents to treat the petitioner as a secondary grade teacher from the date of appointment and pay all arrears and allowance as payable to a Secondary Grade Teacher. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of Certiorari for quashing the impugned order dated 19.08.2010 vide which the claim of the petitioner for grant of pay scale of Secondary Grade Teacher stands declined.

(2.) THE petitioner is a qualified Secondary Grade Teacher having undergone two years teachers Training course in the year 1983. THE petitioner on completion of training, was issued a certificate by the Government of Tamil Nadu, which is equivalent to Diploma in Teachers Training of Secondary Grade. Keeping in view the qualification of the petitioner, she was appointed as a Secondary grade Teacher in Sivaraman Middle School, Chindadaripet. THE petitioner thereafter resigned from the post of Secondary Grade Teacher and joined Tri Jagan Mohan Primary School with effect from 12.01.1990.

(3.) THE petitioner challenged the impugned order on the ground that the order being arbitrary is hit by Article 14 of the Constitution of India. THE respondents, while considering the representation did not bother to take note of the qualification possessed by the petitioner.