V SELVARAJAN Vs. DIRECTOR OF SCHOOL EDUCATION; CHIEF EDUCATIONAL OFFICER, HEADMASTER, GOVERNMENT HIGH SCHOOL

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

(2.) It is submitted that the petitioner who was initially a Secondary Grade teacher, was appointed as Grade-II Tamil Pandit, on 23.10.1967, and he had served as such till 22.1.1971 in the Government High School, Salukkai, Tiruvannamalai District. While so, he was ousted from service during the summer vacations in the month of May of the years 1968 and 1969. Later, he was posted as a Secondary Grade teacher, on 23.1.1971 and continued as Secondary Grade Teacher from 23.1.1971 to 22.2.1996. Based on his qualifications and seniority he was promoted as a B.T. Assistant, on 23.2.1996. The request of the petitioner is that his service as Tamil Pandit Grade-II, which is equivalent to the service of a Secondary Grade Assistant, should be counted as Secondary Grade service for all purposes, including regularisation of Secondary Grade service, Selection/Special Grade in Secondary Grade Assistant service. However, by the impugned orders issued by the first respondent, in G.O.Ms. No. 100, School Education (M1) Department, dated 18.4.2000, and the consequential orders passed by the Chief Educational Officer, Thiruvannamalai, in Na.Ka. No. 1469/A4/2000, dated 28.8.2000, the respondents are seeking to reduce the pay of the petitioner to recover the alleged excess payment made in favour of the petitioner. The reduction of the pay scale of the petitioner is a major penalty and therefore, the respondents ought to have followed the procedures established in Rule 17(b) of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules. Since no opportunity had been given to the petitioner to put forth his case, the impugned orders are devoid of merits and therefore, liable to be set aside.

(3.) No reply or counter affidavit has been filed on behalf of the respondents.