R SANKARAN Vs. SECRETARY

JUDGEMENT

(1.) The petitioner pays for a certiorarified Mandamus to call for the records relating to the order of the 3rd respondent dated 30.11.1998, to quash the same and to direct the respondents to consider to continue the petitioner in the 5th Pay Commission pay scale of Rs.1400-2600 and the later revised under the 6th Pay Commission in the scale of pay of Rs.5000 150 8000 without stoppage of increments since 1.7.1994.

(2.) The petitioner who had studied under the old syllabus of 11 years course appeared for the SSLC but failed in the final examination in one subject. Thereafter, he underwent craft training for Weaving Instructor course in the year 1973 and he passed the higher examination in Hand loom Weaving in 1979. Thereafter, he was selected by the Department of Education for Teachers, for Technical Certificate Course and passed the same in 1978. In terms of the qualification, he was considered to posses the minimum general qualification prescribed for entry into the public service or for the appointment of teacher. As a qualified Weaving Instructor, he was working as a full time Selection Grade Craft Instructor in the Panchayath Union Middle School, Ayyampettai in the scale of Rs.1,400 - 2,600. He was appointed by virtue of the Order dated 18.9.1974 as a full time Instructor. Subsequently, the scale of pay was revised from time to time and he was made eligible to the pay scale of Rs. 610-20-730-1075 by letter dated 21.4.1987 with effect from 1.4.1986.

(3.) The petitioner was, however, informed by the letter dated 21.9.1990 that though he became eligible to Selection Grade as on 1.10.1984 and as the pay scale recommended by the 4th Pay Commission was applicable even to the Middle School Craft Teachers, the newly revised scale of pay Rs.705-1230 will take effect from 1.4.1986. Therefore, as a fully qualified Craft Teacher, he was fixed in the revised pay scale under the 5th Pay Commission recommendation and he was drawing the basic pay therein and other allowances.