V RAJESWARI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is filed praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order of the 2nd respondent issued in Na. Ka. No. 39470/eg4/2003, dated 27. 11. 2003, and the consequential order of refixation ordered by the 4th respondent through his proceedings Na. Ka. No. 1154/a1/2003 dated 03. 03. 2004 and quash the same in so far as the direction to respondents 3 and 4 to recover the Middle School Headmistress pay paid to the petitioner prior to the completion of 5 years of teaching experience alone is concerned taking note of completion of 5 years of teaching experience only from 01. 06. 1997 and consequently direct the respondents to continuously pay the petitioner's pay as Middle School Headmistress pay from 01. 06. 1992 and arrears from 01. 11. 1989 with all other benefits.

(2.) THE petitioner was appointed as per G. O. Ms. No. 1297 Education Department dated 21. 07. 1979. Then she was promoted/appointed as a Headmistress of the 5th respondent school from 01. 11. 1989 consequent to the retirement of the then Headmistress. Since the petitioner had B. Ed. degree and also in terms of the Government order, she being eligible for appointment of Headmistress, was approved by the respondent/education Department and was paid salary from 01. 06. 1992. Petitioner claiming salary from 01. 11. 1989 to 31. 05. 1992, filed W. P. No. 12244 of 1996 and was granted the same by the order of this Court dated 09. 02. 2004. It is the case of the petitioner having approved the petitioner's appointment the impugned order has been passed denying the benefits already given and that too arbitrarily.

(3.) THE second respondent by his proceedings Na. Ka. No. 39470/eg4/2003, dated 27. 11. 2003 gave instruction to the Subordinate Officers namely respondents 3 and 4 to the effect that the Primary and Middle School teachers who were promoted and appointed as Headmasters/headmistress without five years of teaching experience in terms of Rule 15 Annexure V of the Tamil Nadu Recognized Private School (Regulation) Rules 1974, will not be entitled to the higher salary as applicable to Headmaster/headmistress and the higher salary paid shall be recovered. However, the second respondent gave an option to the school authorities to send the proposal to the Government for exemption. Based on the proceedings of the second respondent dated 27. 11. 2003, the 4th respondent issued instruction on 03. 03. 2004 in Na. Ka. No. 1154/a1/2003 for re-fixing the scale of pay applicable to Headmaster/headmistress from the period on completion of 5 years and ordered recovery of the salary and other allowances paid before completion five years. Challenging the same the preset writ petition has been filed.