J DANIEL NALLATHAMBI Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) IN all these writ petitions, the petitioners, who are Headmasters and Headmistresses of different middle schools under the fourth respondent-Management, have sought for a writ of certiorarified mandamus, to call for the records relating to the order of the second respondent passed in Na. Ka. No. 39470/eg4/2003 dated 27. 11. 2003 and the consequential orders passed by the fourth respondent in Na. Ka. No. 294/b1/2004 dated 23. 3. 2004, dated 18. 3. 2004, in Na. Ka. No. A1/2004 dated 31. 1. 2004, in Na. Ka. No. 1624/b1/2003 dated 9. 3. 2004, in Na. Ka. No. 294/b1/2004 dated 23. 3. 2004, in Na. Ka. No. 1535/a1/03 dated 6. 2. 2004, dated 17. 3. 2004 (W. P. Nos. 11663 to 11669 of 2004) respectively and quash the same insofar as direction to respondents 3 and 4 to recover the Middle School Headmaster/headmistress's pay paid to the petitioners prior to the completion of 5 years of teaching experience alone is concerned and the consequential re fixation of the petitioners' Middle School Headmaster/headmistress pay taking note of completion of 5 years of teaching experience only from 20. 3. 1989, 15. 6. 1989, 15. 3. 1990, 1. 10. 1990, 30. 9. 1987, 1. 7. 1986, 1. 6. 1987, 1. 6. 1992 respectively are concerned and consequently direct the respondents to continuously pay the petitioners' pay as Middle School Headmaster/headmistress pay from 29. 8. 1986, 15. 6. 1984, 15. 3. 1985, 2. 6. 1987, 3. 6. 1986, 4. 6. 1985 , 13. 10. 1981 and 1. 6. 1987 respectively with all other benefits.

(2.) AFFIDAVITS filed in support of the writ petitions and counter affidavit are perused. The Court heard the learned counsel appearing on either side.

(3.) CONCEDEDLY, all these petitioners were appointed as Secondary Grade Teachers on different dates in the fifth respondent-Management and the same was also approved. The petitioners were also paid salary by the department. Thereafter, they were promoted as Middle School Headmasters and Headmistresses on different dates. It is also not in controversy that as per G. O. Ms. No. 1297 Education dated 27. 7. 1979, the promotion of all these petitioners as Headmasters and Headmistresses was also approved by the third respondent without any condition whatsoever. The scale of pay was fixed originally and the selection grade Headmaster's scale of pay was also given to them. Now the petitioners are working as Headmasters and Headmistresses in different schools in the fifth respondent-Management.