S GANESAN Vs. CHIEF EDUCATIONAL OFFICER THENI

JUDGEMENT

(1.) THE petitioner is a retired Headmaster was appointed by transfer from the post of B.T. As'sistant (Maths) to that of Headmaster of High School by an order dated 11.7.1996. In that order, it was stated that the petitioner must pass the test prescribed under Rule 9 of the Tamil Nadu Educational Service Rules and they should pass the test within a period of two years subsequently at the time of appointment of the Petitioner in service.

(2.) RULE-9 of the Tamil Nadu Educational Service RULEs reads as follows: "9.Tests: (a) Every person appointed on probation to any of the categories specified in column (1) of the Table below, shall within the period of his probation, and every other person appointed to the categories for whom no probation is prescribed shall, within a period of two years from the date on which he joins duty, pass the tests speci"fied in the corresponding entries in col"umn (2) thereof, TABLE

(3.) IN Rule 9, in the Table, under Column (1) IN item (1), for the expression "except those appointed". The expression "except those appointed in clause V and those appointed" shall be substituted. 4. By virtue of this amendment persons who are appointed as Head master of High Schools are to pass the Account Test for the Executive Officers. The said amendment was brought into with retrospective effect from 1.3.1984. Therefore the petitioner was informed by a letter dated 4.5.2002 that the pass in the Account test for Executive Officers is must for the purpose of drawing increments even person who are appointed before the amendment by virtue of retrospective nature of the amendment.