G. MANORANJITHAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The order of rejection, rejecting the claim of the writ petitioner for grant of upgradation and revision of pay in the post of Head Mistress dtd. 12/9/2013 and 16/4/2014 are under challenge in the present writ petition.

(2.) The petitioner was appointed as Secondary Grade Teacher by the Divisional Forest Officer, Nelliyalam Tea Division, on 26/4/1976. The petitioner was holding the post of Head Mistress in Tantea Primary School. The petitioner had reached the age of superannuation on 30/11/1997 and allowed to retire from service. Though the petitioner was allowed to function as Head Mistress, she was not regularly promoted to the post of Head Mistress and was holding the post of Secondary Grade Teacher.

(3.) In view of the fact that the post of Head Mistress was sanctioned during the relevant point of time and not filled up as regular post, the petitioner was allowed to function as Head Mistress. On such circumstances, the petitioner claimed the benefits attached to the post of Head Mistress including re-fixation and arrears of pay. The arrears of pay, in this regard, originally claimed by the petitioner was objected by the competent authority and an order of recovery was issued. The said recovery order was challenged by the petitioner before the Tamil Nadu Administrative Tribunal, Chennai, in O.A.No.5371 of 1998. The Tribunal dismissed the application on the ground that the petitioner has wrongly claimed the benefits and obtained the pay scale applicable to the post of Head Mistress, whereas, she was only working as Secondary Grade Teacher. The said order became final and the petitioner has not preferred any appeal, challenging the order passed by the Tribunal.