T R ISWARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE amended prayer in the writ petition is for issuance of a writ of Certiorarified Mandamus to quash the order passed by the first respondent dated 13.01.1989 and 02.08.1981 and to direct the second respondent to pay the petitioner's salary and emoluments as that of post graduate headmaster with effect from 01.07.1978 till his retirement on 31.05.1992 with interest.

(2.) THE case of the petitioner is that he obtained his B.A. degree in Geography during 1958 and subsequently, completed degree course in teaching from the Teachers College, Saidapet, Chennai. THE petitioner was employed as a teacher and worked as headmaster between 1963 and 1966 in Meenakshisundaram High School, Idakal in Tenkasi Taluk and from 1966 to 1968 worked as B.T. Assistant in THEerthapathi High School, Ambasamudaram and subsequently as headmaster in the S.N.Ramaswami Raja High School, Gomathipuram between 1968 to 1976. During 1976, he joined the Tilak Vidyalaya High School, Kallidaikuruchi, the fifth respondent herein as headmaster and continued as such till his date of superannuation. THE said institution was a fully aided institution.

(3.) IT is contended that the impugned orders were passed by placing reliance on G.O.Ms.No.180, dated 08.12.1988 and such Government order is applicable only to future appointments and will not be applicable to existing inducted headmasters and the petitioner having completed the SCERT course is deemed to possess post graduate qualification and therefore, entitled to receive P.G. Headmaster scale. That the first respondent has recognized an inducted headmaster with SCERT qualification as equivalent to the post graduate headmaster; there is no legal basis for discriminating the petitioner in the matter of pay and emoluments as the petitioner discharges the similar nature of duties and responsibilities as that of P.G. Headmasters.