M JOSEPH Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE writ petition has been filed for the issuance of a writ of certiorarified mandamus to call for the records of the second respondent in relation to the proceedings issued in N.K.No.132938/D4/98, dated 31.3.2000 and the proceedings of the fourth respondent in relation to the proceedings issued in N.K.7609/A4/96, dated 22.8.1996 and the order of the fifth respondent Management, dated 14.8.2000, issued in proceedings No. Nil and the order of the fourth respondent issued in relation to the proceedings issued in N.K.No.7609/A1/96, dated 16.11.2000, quash the same and to issue a consequential direction to the respondents to grant pay protection in the post of Middle School Headmaster and to grant selection and special grade pay in the post of Middle School Headmaster and to release the amount of Rs.71,282/- (Rupees Seventy one thousand two hundred and eighty two only), which was withheld by the respondents as excess amount paid and to fix the pension in the post of Middle School Headmaster and to pay the arrears of pension with interest at 18% per annum. THE brief facts of the case, as stated by the petitioner, are as follows:

(2.) THE petitioner was appointed as a Secondary Grade Teacher, on 12.10.1970, in Saint Mary Middle School, Kalugumalai. He was promoted as the Headmaster of the said School, on 8.3.1976. By an order of the Government issued in G.O.Ms.No.1297, Education Department, dated 21.7.1979, a policy decision was made to the effect that the post of Middle School Headmaster should be filled up by a B.Ed. qualified Teacher. Prior to the said Government Order, the senior most Secondary Grade Teacher in the School was promoted as the Middle School Headmaster. THE Headmaster so appointed as per G.O.Ms.No.1297, Education Department, dated 21.7.1979, was to be paid B.Ed. Scale of pay. However, in the said Government Order, it was stated that the post of Secondary Grade Headmaster already existing in the Middle School in which B.T. Grade Headmaster was posted will be re-designated and continued as an Additional Headmaster and the incumbent will be given pay protection, as if he had continued to be the Headmaster.

(3.) IT has been further stated by the petitioner that he had retired from service, on 31.5.2000, on attaining the age of superannuation. When the question of grant of pension to the petitioner arose, the authorities concerned were not prepared to pay the pensionary benefits to the petitioner, since the matter relating to pay fixation was under dispute. Therefore, the petitioner was compelled to give an undertaking before the Management saying that he may be treated as a Secondary Grade Teacher and the alleged excess amount of Rs.71,282/- paid in the scale of pay of Middle School Headmaster be recovered from the gratuity. Thereafter, the petitioner's pay was fixed in the scale of pay of Secondary Grade Teacher and the pension had been paid on that basis.