DISTRICT ELEMENTARY EDUCATIONAL OFFICER Vs. D. SERAN

JUDGEMENT

(1.) The above Writ Appeal is filed by the Government challenging the correctness of the order passed by the learned Single Judge in W.P(MD)No.7142 of 2008, dated 02.04.2013.

(2.) The first respondent, who was the writ petitioner, has acquired the qualification of M.A (Tamil) and M.Ed. He was appointed directly in an interview conducted by the third respondent as Headmaster of the Middle School on 05.09.1990. The said appointment was also approved by the first appellant/the District Elementary Educational Officer. He acquired M.Ed Degree in the year 1992, for which also, he was sanctioned incentive increment. On 05.09.2000, he was awarded with selection grade. Whileso, the second appellant/the Assistant Elementary Educational Officer made an entry in the Service Register stating that the writ petitioner was appointed as Headmaster of a Middle School without possessing 5 years experience and the Government also had ratified the same. The second appellant also orally compelled the writ petitioner to reduce the scale of pay. As the writ petitioner was appointed by the Management directly as Headmaster of Middle School pursuant to G.O.Ms.No.1297, Education Department dated 21.07.1979, there was no requirement of 5 years experience as stated by the second appellant.

(3.) Since the writ petitioner was appointed directly as a Headmaster of the Middle School, the contention of the Government was wrong. He was appointed pursuant to the G.O, in which, the Government had relaxed the qualification of 5 years experience. In such circumstances, he had filed the above said Writ Petition for issuance of a Writ of Mandamus, directing the appellants to sanction annual increment from the year 2002 in the cadre of middle School Headmaster. The said Writ Petition was allowed by the learned Single Judge based on G.O.3D.No.17, School Education (P1) Department, dated 20.01.2011. Aggrieved by the same, the above Writ Appeal has been preferred.