KARUNAMOORTHY Vs. SECRETARY TO GOVT. OF TAMILNADU,BACKWARD CLASSES AND MOST BACKWARD CLASSES AND DENOTIFIED TRIBES WELFARE DEPT

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the impugned order passed by the second respondent in his proceedings No.B2/9151/2010 dated 29.08.2011 and consequently, direct the second respondent to sanction increment, Selection Grade, Special Grade from the date of his regularization with effect from 30.09.1986, as full time Craft Teacher with attendant monetary and other benefits including retirement benefits to the petitioner.

(2.) THE case of the petitioner is that the petitioner was appointed on 30.06.1986, as a part-time Craft Teacher in Government Kallar Reclamation School, Vellaiammalpuram, Theni District, as per the order of the third respondent, dated 20.06.1986. Since he has passed Technical examination in Agriculture in the year 1977 and also Technical Training for three months and as such he is fully qualified to hold the post of full time Craft Teacher in the pay scale of Rs.610-20-730-25-955-30-1075. His pay was fixed in the time scale of pay of Rs.610-1075 in terms of G.O.Ms.No.1366, Education Department, dated 05.09.1986. His service was regularised from 30.06.1986 by the third respondent in the pay scale of Rs.610-20-1075.00 and he discharged his duties as full time Craft Teacher and his services have been utilized by the administration to teach other subjects also in the absence of regular secondary grade teachers. In order to utilize his services as teacher, the Government has also decided to convert the Craft Teacher post as Secondary Grade Teacher so that his services can be utilized to the optimum level both as Craft Teacher as well as Secondary Grade Teacher. Due to the conversion of Craft Teachers as Secondary Grade Teacher and by including his name in the seniority list of Secondary Grade Teachers from the date of his conversion as Secondary Grade Teacher and thus ensured his carrier advancement since the feeder category for promotion to the post of Primary School Headmaster is Secondary Grade Teacher. Since he has worked as full time Craft Teacher holding additional responsibility, he is entitled to draw increments in the above post, the periodical annual increments Selection Grade and Special Grade however the same were not paid to him. He filed W.P.No.669 of 2008 before this Court and this Court while dismissing the same this Court granted liberty to the petitioner to make a representation to the second and third respondents therein in respect of grant of increments, selection grade and special grade and if any such representation is received from the petitioner, the respondents 2 and 3 were directed to pass appropriate orders on merits and in accordance with law expeditiously. Following the said order, the petitioner has made representation to the second and third respondents. But the second respondent has passed the impugned order denying benefits mentioned supra. Therefore the petitioner has come forward with this writ petition.

(3.) IT is not in dispute that the Government, in order to equate the Craft Teachers in Middle Schools in respect of their salary on par with their counterparts in High Schools, has prescribed minimum general qualification of SSLC for the post by G.O.Ms.No.1366, Education Department, dated 5.9.1986. In the said Government Order, it is also made clear that in respect of Craft Teachers, who are already in service in Middle Schools with lesser qualification, viz., 8th Standard and 7th Standard, they shall be allowed to acquire the minimum qualification within a period of three years.