LAWS(MAD)-2007-11-4

S SIKANDAR BASHA Vs. CHIEF EDUCATIONAL OFFICER

Decided On November 02, 2007
S.SIKANDAR BASHA Appellant
V/S
HEAD MASTER, MUNICIPAL HIGHER SECONDARY SCHOOL Respondents

JUDGEMENT

(1.) THE petitioner filed Original Application in O. A. No. 5252 of 2001 before the Tamil Nadu Administrative Tribunal. Consequent to its abolition, the said original Application was transferred to this court and re-numbered as w. P. (MD)No. 5252 of 2007.

(2.) HEARD both sides.

(3.) THE facts in nutshell as stood exposited from the records could be portrayed thus: the writ petitioner at the time of filing the Original Application in o. A. No. 5252 of 2001 before the Tamil Nadu Administrative Tribunal, was working as a Secondary Grade Assistant (Special Grade) in the second respondent school. Earlier he made a representation to the Chief Educational Officer vide his representation dated 05. 11. 2000, airing his grievance to the effect that his junior viz. , Tmt. R. Rajalakshmi was getting more pay than him, whereupon the chief Educational Officer after considering the records, replied to the effect that the appointment of the petitioner, viz. , S. Sikandar Basha was made by the commissioner, Panchayat Union, whereas the appointment of Tmt. R. Rajalakshmi was made by the Commissioner, Municipality and at the time of appointment they had different scales of pay. Hence, in such a case the question of fixing the pay of the petitioner, over and above the pay of Tmt. R. Rajalakshmi would not arise.