R P RAMAKRISHNAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THIS Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No,973 of 2002 from the file of Tamil Nadu Administrative Tribunal with a prayer to direct the respondent to fix the pay of the applicant, on par with his junior one Thiru.Krishnakumar as on 01.01.1988 in the time scale of pay Rs.2,795/- and fix his pay consequently in the 5th and 6th pay commission and pay arrears with effect from 01.01.1988 with interest Heard Mr. G. Elanchezhiyan, learned counsel for the petitioner and Mr.P.Muthukumar, learned Government Advocate for the respondent.

(2.) THE petitioner was appointed as School Assistant on 07.04.1959. He was promoted as High School Headmaster on 14.08.1976. THEreafter, he was promoted as Higher Secondary School Head Master on 06.02.1980. THE Tamil Nadu Government issued G.O.Ms.No.1581, Education Department, dated 06.11.1989, considering the request of the teachers who were appointed as School Assistants, Deputy Inspectors of Schools etc., that their service rendered up to 01.10.1970 will be counted as qualifying service for the purpose of award of selection grade and special grade in the Government High School Headmasters post in the Tamil Nadu School Education Service.

(3.) THE petitioner proceeded that the junior was granted higher scale from 08.07.1987, the date on which he was made as a Higher Secondary School Headmaster. However, the junior opted for the higher scale only from 01.01.1988. THErefore, the Director of School Education in the proceedings dated 06.08.1994 directed the petitioner to re-submit the proposals to set right the pay anomaly, with a further direction to the authorities and the petitioner to make it clear that the anomaly should be rectified with effect from 01.01.1988.