K SUNDARAM Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE petitioner has sought for a Writ of Mandamus, directing the respondents to create a promotional post with higher pay for the petitioner (Secondary Grade Teachers working in High/Higher Secondary School) on par with the Elementary School Headmaster with effect from 1.6.1988 onwards i.e. from the date on which the higher pay scale was given to the Elementary School Headmaster by way of awarding selection/special grade by counting their total secondary grade service in the promotional post and direct the respondents to fix the pay of the petitioner in the pay scale of Rs.2000-60-2300-75-3200 with effect from 1.6.88 in the light of G.O.Ms.No.216 Finance (Pay Cell), Department dated 22.3.1993 and award the consequential arrears of pay with effect from 1.6.88 onwards and consequential pensionary benefits.

(2.) CREATION and abolition of the post are purely prerogative of the Government and courts cannot issue any directions to the respondents to create any post in the cadre as sought for by the petitioner. In this context, it is worthwhile to extract few judgments of the Supreme Court on the power of courts to interfere with the domain of the executive.

(3.) IN view of the settled legal position, the reliefs sought for in this writ petition is misconceived. Accordingly the writ petition is dismissed. No costs.