LAWS(MAD)-2009-9-66

G PANDIAN Vs. DIRECTOR OF SCHOOL EDUCATION

Decided On September 07, 2009
G. PANDIAN Appellant
V/S
DIRECTOR OF SCHOOL EDUCATION Respondents

JUDGEMENT

(1.) THE prayer in the writ petition is for a mandamus directing the respondents to grant notional fixation of pay with arrears on par with petitioner's juniors M/s V. Ramanathan and J. Palpanjanathan and consequently to grant revised pension and other terminal benefits with arrears.

(2.) HEARD Mr. Y. Prakash, learned counsel for the petitioner and Mr. A. Suresh, learned Government Advocate for the respondents.

(3.) A careful analysis of the above pleadings would reveal that there was merger of the District Board High Schools and the Government Board High Schools and categorized them as 'A' and 'B' Wings and the staff working in those schools have been absorbed as Government servants from 01.04.1970, but were placed in a separate wing in the Tamil Nadu Educational Subordinate Service called 'B' Wing as per the Government orders. It is seen that the Government in G.O.Ms.No.1968, Education, dated 02.11.1978 have issued modified orders that the staff of 'A' and 'B' Wings should be integrated with immediate effect adopting the procedure that the vacancies in Non-teaching posts should be filled from Junior Assistants to Assistants and from Assistants to Superintendents and other categories of promotion for which Ministerial Staff is eligible shall be filled up between 'A' and 'B' Wings in the ratio of 5:3. It is not in dispute that the petitioner was appointed as Attender on 17.09.1962 and thereafter promoted as Junior Assistant and then as Assistant and retired on 31.01.1999.