GOVERNMENT OF TAMILNADU Vs. S KADIRVELU

JUDGEMENT

(1.) WRIT Appeal is directed against the order of the learned Single Judge directing respondents 1 and 2 therein, to sanction a post of PG teacher in English subject for the third respondent school with effect from the date of upgradation as a Higher Secondary School, fit in the writ petitioner as P. G. teacher in English subject and pay all arrears of salary with 12% interest.

(2.) THE brief facts leading to the filing of the Writ Appeal are as follows:

(3.) MR. S. Thirumaran, learned Government Advocate for appellants contended that inasmuch as no post of P. G. Assistant has been sanctioned, the question of considering the first respondent /petitioner in the said post as per G. O. Ms. No. 1091, Education, dated 16. 05. 1978 does not arise. He further contended that only two posts of P. G. Assistants, in Economics and Commerce were sanctioned, besides one post of P. G. Assistant in Physical Education and all the posts have been utilised. He further submitted that the Government has got the right to create a post, subject to its financial position and also the need for creation. According to him, the condition in the Government Order that Higher Secondary classes shall be handled only by P. G. teachers and only if no P. G. teachers are available, Graduate teachers can be allowed to handle classes, till they acquire P. G. Degree, will not automatically confer a right for creation of a P. G. Assistant in English subject. Even, if the services of the first respondent/petitioner have been utilised to take Higher Secondary classes, he is not entitled to the scale of pay for a P. G. teacher, inasmuch as the question of payment of scale of pay arise only if there is a sanction of post.