K THIAGARAJAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

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

(2.) THE petitioner has submitted that he had started his career as a Secondary Grade Teacher and he was appointed as a Headmaster of Elementary School, on 1.8.61. THEreafter, he was promoted as a Headmaster of Middle School, on 4.6.63. THE Middle School in which the petitioner was working was upgraded as a High school and the petitioner was absorbed in the High school and appointed as a Secondary Grade Teacher, on 22.7.66. THEreafter, he was serving as a Secondary Grade Teacher. He had continued as such till the date of his retirement, on 31.5.96.

(3.) AT this stage of the hearing of the writ petition, the learned counsel for the petitioner had submitted that the Tamil Nadu Administrative Tribunal had passed an order in a batch of original applications in O.A.No.694 of 1995 (batch), dated 22.2.2002, wherein it was ordered that the petitioners should be given the same benefit as if they had continued as Headmasters and the consequential monetary benefits, such as Selection Grade and Special grade, including the increments, shall be given to them till their retirement. The respondents in the said original applications had filed writ petitions before this Court challenging the order passed by the Tribunal, on 22.02.2002, made in the original applications. A Division Bench of this Court, by its order, dated 1.7.2008, made in W.P.No.15813 of 2005 (batch), modified the order and held as follows: "7. Since the first respondent in all the writ petitions got absorbed as B.T.Assistant in High School with effect from 1981 though not voluntarily, they ceased to be the members of Panchayat Union service. The Government had taken into consideration their request and granted pay protection and also designation and other reliefs by issuing orders dated 15.6.1998. 8. Therefore, in so far as fixation of pay is concerned, the scale of pay for the first respondent in all the writ petitions cannot be fixed in the scale of pay for the Middle School Headmaster as they ceased to be Headmaster of Middle School from 1981 and if at all, they are entitled to pay protection and other benefits consequent upon their service as Headmaster of Middle School. Therefore, notional benefit can be given only for the purpose of seniority, and other terminal benefits and they cannot be given monetary benefits in terms of money. Therefore, to that extent the impugned orders passed by the Tribunal are modified. The services rendered by the first respondent in all these writ petitions as Headmaster in Middle School can be taken into account for the purpose of seniority and other benefits for calculation of terminal benefits and they are not entitled to get monetary benefit in terms of actual payment of money. Therefore, the writ petition is allowed to the extent indicated above and the impugned orders passed by the Tribunal are accordingly modified. But in the circumstances, there will be no order as to costs. Consequently, WP.M.P.Nos.17249, 18880, 20351 and 22563 of 2005 are closed." Therefore, the learned counsel for the petitioner had submitted that it would suffice if a similar order is passed in the present writ petition.