N. DHANALAKSHMI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner's husband, by name K. Kannan, was initially appointed as a Secondary Grade Teacher in Aranthangi Panchayat Union Elementary School, in the year 1967. On 06.06.1970, he was promoted as Elementary School Headmaster in the same Panchayat Union. Thereafter, on 21.10.1980, he was transferred to Municipal Middle School at Aranthangi but, as a Secondary Grade Teacher. At that time, There was no difference in the pay scale pattern between the Secondary Grade Teachers working in Middle Schools and the Elementary School Headmasters. Later on, he was converted as Tamil Pandit with effect from 30.08.2001.

(2.) THE 3rd respondent has filed a counter affidavit denying the claim of the petitioner. According to the 3rd respondent, to get the benefit of G.O. Ms. No. 202, School Education Department, dated 24.09.2008, one should have been transferred from one Panchayat Union to another Panchayat Union before 01.06.1988 but, the petitioner's husband did not satisfy this condition, as his transfer was within the same Union.

(3.) BEFORE going into the factual aspects of the case, let us go to G.O. Ms. No. 202, Education Department, dated 24.09.2008, As I have already pointed out, before the implementation of the V -Pay Commission Recommendations, the salary of the Elementary School Headmaster and the Secondary Grade Teachers working in Middle Schools were one and the same. In the V -Pay Commission, there arose some difference between these two categories. In order to strike a balance, the Government issued G.O. Ms. No. 202, Education Department, dated 24.09.2008, wherein the Government directed that those teachers, who were working as Elementary School Headmasters on or before 01.06.1988 and subsequently who were transferred as Secondary Grade Teachers, will be treated as Elementary School Headmasters in the matter of pay scale. According to the petitioner, the said direction issued by the Government in G.O. Ms. No. 202 is squarely applicable to her husband. But, in the impugned order, the 3rd respondent has stated that since the petitioner's husband was not transferred from one Panchayat Union to another Panchayat Union and since he was transferred from the Panchayat Union School to Municipal School in the same Panchayat Union, he was not eligible for the benefit of G.O. Ms. No. 202. In other words, according to the 3rd respondent, the benefit of G.O. Ms. No. 202 can be given only if the individual had been transferred from one Panchayat Union to another Panchayat Union. Challenging this, the petitioner is before this Court.