M NAGARAJAN Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) The petitioner filed the above writ petition praying to issue a writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the first respondent in his proceedings Na.Ka.No.8586/A7/99 dated 5.3.1999 and quash th same; and direct the respondents to convert the post of Middle School Headmaster as Headmaster of High School and fix the scale of pay of the petitioner as per the Orders of the Government and confer all the consequential benefits.

(2.) The petitioner joined as Middle School Headmaster on 24.01.1972 in the second respondent school which was functioning as Natarajan Damayanthi Middle School; it was upgraded as High School on 14.12.1998. The petitioner was working as Headmaster and on upgradation he was absorbed as Headmaster in the High School. The first respondent also counter-signed in the absorption. But the first respondent conveyed that there is no provision for sanction of the scale of pay for the post of Headmasters of the High School. Since there is no post of Headmaster for the Middle School, the petitioner must continue as Head Master of the High School; the petitioner cannot be absorbed in the High School except in the cadre of Headmaster.

(3.) The Government has passed a Government Order in G.O.Ms.No.525, Education Department, dated 29.12.1997 wherein it is stated that where the Middle School is upgraded, the post of Middle School Headmaster will be converted into that of High School Headmaster. The petitioner gave representation that on that basis and the management is not taking any steps to get appropriate order from the Government. But the Management gave representation to the Education Minister on 07.04.1999.