R PANDURANGAN 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 had submitted that he was appointed as an Elementary School Headmaster in the Kilpennathur Panchayat Union School at Kadambai, on 4.9.62, vide Proc.Na.Ka.Rc.No.5666/62, of the Commissioner of Kilpennathur Panchayat Union. THE petitioner had joined as a Headmaster in the Panchayat Union Elementary School, Kadambai, on 15.9.62, as per the order of the Commissioner. He was working as a Headmaster in the Elementary School, continuously, upto 31.5.66. However, the petitioner was demoted as an Assistant in the Higher Elementary School, on 1.6.66, stating that it was done due to administrative reasons. Subsequently, on 16.7.66, the Higher Elementary School had been upgraded as a High school and the petitioner was appointed as a Secondary Grade Assistant. THE petitioner has stated that if he had been allowed to continue as a Headmaster in the Elementary School Service, he would have got the benefit of the revised scale of pay fixed in accordance with the recommendations of the Vth Pay Commission as per G.O.Ms.No.666, dated 27.6.89, which has been given effect to, from 1.6.88. As per the Government Order, persons who were working as Elementary School Headmaster, on 1.6.88, were given the revised higher scale of pay, i.e. 2000-60-2300-75-3200, as per the Vth Pay Commission. If the petitioner had been allowed to continue as Headmaster in the Elementary service, the pay should have been fixed at Rs.2120/-. However, on the said date, the petitioner's pay was fixed at Rs.1760/-, as he had been transferred to the Elementary School Service without his consent. In such circumstances, the petitioner has filed an original application in O.A.No.4420 of 1996, which has been transferred to this Court and re-numbered as W.P.No.26402 of 2006.

(3.) THE learned counsel appearing on behalf of the respondents had not refuted the claims made by the learned counsel for the petitioner.