P RAMAN Vs. ASST EDUCATIONAL OFFICER

JUDGEMENT

(1.) THE facts giving rise to the present writ petition are as follows: -

(2.) A counter affidavit was filed in W. P. No. 3365 of 1988, wherein it was indicated that the petitioner was posted as Primary School Headmaster in the cadre of Secondary Grade headmaster in Tirupparankundram Panchayat Union School, Erkudi and that only Secondary grade Assistants were posted as Primary School Headmaster and allowance of Rs. 5/- (subsequently increased to Rs. 15/-) was only required to be paid as special allowance. The claim of the petitioner was refuted and it was contended that he was not entitled to hold the post of Headmaster of Middle School. It was further indicated that the petitioner was not entitled to receive the scale of Secondary Grade Headmaster as the Panchayat Union Middle School, erkudi is an incomplete Middle School and there was no sanctioned Secondary Grade headmaster post in the school and the petitioner was permitted to continue in that school since he was getting only the Secondary Grade teacher with the Headmaster allowance of Rs. 15/ -. Regarding the petitioner's claim of getting B. T. post on acquiring B. Ed. , degree, it was indicated that the petitioner was not senior enough to get such scale. It was further indicated in the counter affidavit that the students strength in Class VI did not justify the opening of Class VII and Class VIII and such classes VII and VIII were subsequently opened without approval. It was further highlighted in the counter affidavit that 37 persons were senior to the petitioner and the petitioner was not entitled to get B. T. scale nor the scale of Headmaster of the Middle School.

(3.) AFTER establishment of the Tamil Nadu Administrative Tribunal, such writ petition was transferred to the Tribunal and was renumbered as T. A. No. 38 of 1997. The Tribunal dismissed the petition by coming to the conclusion that initially when the petitioner was transferred and posted as Headmaster such school was only a Panchayat Union Elementary School and the proposal to upgrade the same to the Middle School was mooted. It was further indicated: -