(1.) The prayer in the writ petition is for a Writ of Certiorarified Mandamus, calling for the records relating with the impugned order passed by the 3rd Respondent vide proceedings O.M.No.2994/A2/2009 dated nil 05.2009 signed on 18.06.2009 and to quash the same and consequently, directing the 3rd respondent to implement the order passed by the 2nd respondent in P.M.No:/A3/6516/2008, dated nil.11.2008 and accordingly direct the respondents to disburse petitioner's arrears by fixing his scale of pay as selection grade teacher from 18.01.1997.
(2.) The short facts to decide the issue in the writ petition is as follows: The petitioner was appointed as a B.T. Assistant on 18.01.1967 and after having worked for 27 years, he had been given promotion as High School Headmaster on 23.09.1994. Thereafter, while he was working as such, he attained superannuation and retired from service on 31.05.2001. During his service by the proceedings of the second respondent in P.M.No.A3/6516/2008 dated nil. 11.2008, signed by the officer concerned on 17.11.2008, considering the past service of the petitioner as Special Grade Graduate Teacher and High School Headmaster he had been conferred with Selection Grade Headmaster as he had completed satisfactory service for 10 years on 17.01.1997. Such benefit had been conferred from 18.01.1997 with the time scale of pay 8000-275-13500. In the said order, the second respondent also directed his subordinates to fix the salary of the petitioner and accordingly register the same in his service register. Thereafter, the petitioner had given representation to the 3rd respondent to implement the orders of the second respondent. However, by the impugned order dated 18.06.2009 (as signed by the third respondent), the third respondent directed the petitioner to produce the details of passing department tests by the petitioner. In the said impugned order, the third respondent has stated that as per G.O.Ms.No.536 Education Department dated 27.03.1982 and as per Special Rule 9 of the Tamil Nadu Educational Services Rules, the headmaster, who got promotion must have passed the department tests within two years period and since the petitioner has not passed those tests, the second increment given to the petitioner as well as the subsequent status of selection grade conferred by the second respondent may not be in consonance with the said Rule. Therefore, the petitioner was directed to produce those details. Challenging the said order of the third respondent, the petitioner has come out with the present petition.
(3.) Heard both sides.