M ANGUSAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner was originally a Headmaster in the Middle School in a Panchayat Union. When the school was upgraded in 1983 as a High School, it became a Government High School. THE petitioner chose to serve as a B.T. Assistant in the Government High School. At that time, when he was absorbed in the B.T. Assistant in the Government High School, the scale of pay of Middle School Headmaster and the B.T. Assistant were the same. But subsequently, different scales were prescribed for the Headmaster of Middle School and B.T. Assistant in High School, in view of the recommendations of the V Pay Commission. When the petitioner claimed the salary of the Middle School Headmaster, while he was serving as B.T. Assistant in the Government High School, the same was negatived by the impugned order dated 08.11.2002 passed by the 3rd respondent.

(2.) THE impugned order is based on the Judgment of the Honourable Apex Court in Civil Appeal No.4582 of 1997 reported in 1998 (8) Supreme Court Cases 26 (Director of School Education and another vs. A.K.Kandaswamy and another). In that decision, the Apex Court held as follows: