V RANI Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THIS writ petition is filed challenging the order of the third respondent dated 18. 07. 2005 and to direct the respondents to fix the selection grade, special grade to the petitioner as per G. O. Ms. No. 1366, Education Department, dated 05. 09. 1986 and G. O. Ms. No. 1105, Education Department, dated 22. 08. 1989 and to reimburse the amount already recovered from the salary of the petitioner.

(2.) THE case of the petitioner is that after completing his S. S. L. C. in the year 1969 and the Higher Grade Technical Examination in Sewing, he has passed technical teacher training examination during August 1975. He was appointed as full time Craft teacher on 13. 06. 1976 in Nanguneri Panchayat Union Middle School and his appointment was approved by the second respondent. Upto 1974, the basic qualification for appointment of the Craft teacher was fixed by the first respondent as VIII standard and the same was subsequently modified as X standard qualification and that was in force up to 30. 09. 1984. It was subsequently, in G. O. Ms. No. 1366, Education Department, dated 05. 09. 1986, the scale was fixed for those who have passed S. S. L. C. and working as Craft teachers stating that they are entitled for Secondary Grade Teachers scale from 01. 10. 1984. However, as per the Government letter dated 18. 11. 1986 the monetary benefits was extended only up to 01. 04. 1986 and other service benefits from the date of appointment. The petitioner got secondary grade scale from 18. 11. 1986.

(3.) ON the date of his appointment the petitioner was fully qualified and he should have been conferred in the secondary grade status. However, the second respondent has conferred the petitioner as secondary grade teacher as on 01. 10. 1984 and for the selection grade, 10 years qualifying service from the date of appointment alone is the criteria. Taking that into consideration, the petitioner was given selection grade from 30. 06. 1986, since his original date of appointment was 30. 06. 1976. He was also given special grade after completion of 10 years as selection grade namely on 30. 06. 1996. However, the third respondent has passed an order on 18. 07. 2005 directing the recovery of Rs. 1,24,217/- on the basis of audit objection stating that the amount paid to the petitioner by way of selection and special grade from 01. 04. 1986 to 30. 04. 2003 is in excess.