M MADAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners have submitted that they were working as Headmasters in Krishnagiri Panchayat Union, Dharmapuri District. THEy were, subsequently, reverted as Primary School Headmasters for want of vacancy. While fixing the pay of the petitioners in the post of Middle School Headmasters, their total service, both as a Primary School Headmaster and as Middle School Headmaster, was taken into account and their pay was fixed in the selection grade of pay of the Middle School Headmaster, namely, Rs.2000-60-2300-75-3200 with effect from the date of their promotion as B.T. Headmaster. THE petitioners were allowed to draw their salary in the said scale.

(2.) THE petitioners have further submitted that when a representation was made that they should be allowed special grade in the post of B.T. Headmaster, by taking into account their entire service rendered in the post of Primary School Headmaster and Middle School Headmaster, no order was passed on their representation. While so, the Assistant Educational Officer, Krishnagiri, the fourth respondent herein, had issued the impugned order in Na.Ka.No.10/A4/96, dated 1.7.1996, stating that the fixation of pay in the Middle School Headmaster was objected to by the Accountant General (Audit-1), Tamil Nadu, and that the petitioners should remit the alleged excess payment drawn by them in the Treasury, before 25.8.1996. In such circumstances, the petitioners had filed an original application in O.A.No.4435 of 1996, before the Tamil Nadu Administrative Tribunal, which has been transferred to this Court and renumbered as W.P.No.26396 of 2006.

(3.) THE learned counsel appearing for the petitioners had also submitted that the pay and allowances given to the petitioners are not based on any misrepresentation or fraud committed by the petitioners.