T RAJAGOPALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner passed intermediate with Agriculture as subject at Annamalai University . He was working for two years in a temporary post as Agricultural Instructor at Thirup-poraithurai Vivekananda High School . He was appointed temporarily by order dated 10. 2. 1960at Thavasumuthu Nadar High School , porayar. Subsequently, he was appointed permanently by an order dated 30. 5. 1960 in the scale of pay of Rs. 75-5- 125-10-175. THE school is an approved and aided school. By order dated 22. 10. 1968 in G. O. Ms. No. 1645, Education Department, the State of Tamil Nadu issued ad hoc rules for the holders of permanent post as well as temporary posts under the Madras Educational Subordinate Service. THE rules were made with retrospective effect from 7. 4. 1948. One of the posts covered under the rules was the post of Instructor for Agriculture. THE qualifications for the post of instructor for Agriculture are B. A. (Agriculture) or B. Sc. (Agriculture) as well as pass in the Intermediate Examination of the Madras or Annamalai University under the Old Regulations with Agriculture as subject. THE Scale of pay was before 1. 6. 1960 Rs. 75-5-125-10-175 and from 1. 6. 1960 it was rs. 140-5-180-10-250.

(2.) . The order of the Government was given effect only with respect to the Government Schools usually known as' 'A' 'wing schools. It should be mentioned at this stage that the schools which were conducted by the District Boards and taken over later by the Government are known as' 'B' ' wing schools. In so far as the petitioner is concerned, he docs not belong to either category and the school in which he is working is an aided school.

(3.) ON the above averments, the petitioner has prayed for issue of a writ of mandamus directing the respondents herein to fix the scale of pay of the petitioner in the range Rs. 600-30-750-35-890-40-1050.