C MANOHARAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THE petitioner has stated that he was initially appointed as a Secondary Grade Assistant, on 3.10.66, and posted as Headmaster of Elementary School from 6.6.69. THE petitioner had worked as Headmaster of Elementary School till 30.9.73. THEreafter, the petitioner was posted as as a Secondary Grade Assistant and continued as such till 6.9.94. Again the petitioner was appointed as a Headmaster of Elementary School, on 7.9.94 and he had continued to occupy the said post till the filing of the original application.

(3.) THE learned counsel appearing for the petitioner had submitted that prior to 1.6.88 there was no difference in the scale of pay of a Headmaster of Elementary School and a Secondary Grade Assistant. THE post of Headmaster was only an allowance post. When there is a common seniority and the unit of appointment is one and the same, there cannot be a difference in the scale of pay between a junior and a senior person. THE senior person should get the same scale of pay as his junior, who has been placed on a higher scale of pay. THE petitioner was posted as a Headmaster on 6.6.69 and the said Syed Rahamathualla was appointed as a Headmaster, on 25.8.73. Since the petitioner had obeyed the orders of transfer, he has been denied the higher scale of pay on the ground that he was not working as a Headmaster of the Elementary School from 1.10.73 to 6.9.94. THErefore, he has been denied the benefit of Rs.2000/- available for the Special Grade Headmaster of Elementary School.