R SUBBIAN Vs. DIRECTOR OF ELEMENTARY EDUCATION; DISTRICT ELEMENTARY EDUCATION OFFICER; ASSISTANT EDUCATIONAL OFFICER AND THE ACCOUNTANT GENERAL (A AND E)

JUDGEMENT

(1.) This Writ Appeal is filed by the appellant/petitioner as against the order of the learned Single Judge of this Court dated 17.04.2007, passed in W.P. (MD) No. 10246 of 2006, in dismissing the writ petition.

(2.) The appellant/petitioner has filed W.P.(MD) No. 10246 of 2006, praying to issue a Writ of Mandamus directing the respondents to forthwith pay the arrears due to the petitioner consequent to the issuance of the proceedings of the third respondent in Na.Ka. No. 3249/Aa2/05 dated 12.05.2006 and continue to pay the petitioner's pension in terms thereof.

(3.) The learned Single Judge has passed an order inter alia observing that the relief of awarding of Selection Grade and Special Grade to the appellant/petitioner taking into account the services rendered by him in the feeder category, cannot be granted, since no Government Order or any rule has been brought to the notice of the Court and further stated that if the relief sought for is granted, then the service of the lower category will have to be taken into account for awarding Selection Grade and Special Grade in the promotional post i.e., Middle School Headmaster and as far as the Selection Grade is concerned, one is eligible for Selection Grade after completion of ten years of service and one is eligible for Special Grade after completion of twenty years of service in the post and that as per the averment made in the writ petition, the appellant/petitioner was promoted as a Middle School Headmaster in the year 1992 and as per further averment in paragragh No. 2 of the affidavit, the appellant/petitioner has attained the age of superannuation on 31.10.2000, i.e., the appellant/petitioner had not completed ten years of service in the post of Middle School Headmaster as per the rule issued with regard to the award of Selection Grade and Special Grade and the appellant/petitioner is not eligible either for Selection Grade or for Special Grade in the post of Middle School Headmaster and as far as the post of Middle School Headmaster is concerned, unless the Government had issued any order for award of Selection Grade or Special Grade taking into account the services rendered as the Secondary Grade Assistant, the appellant/petitioner is not eligible for the relief sought for' and resultantly, dismissed the writ petition.