M DEVANATHAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE prayer in the Writ Petition is to call for the records of the proceedings in Na.Ka.No.7874/Aa4/2003 dated 1.6.2006 passed by the second respondent, and quash the same and for a direction on the respondents to sanction the selection grade scale of pay in the post of Tamil Pandit with effect from 1.12.1992 to the petitioner with all monetary and service benefits.

(2.) ACCORDING to the petitioner, he is working as Tamil Pandit Grade-I at the Government Higher Secondary School (Boys), Arakkonam, Vellore District. He was initially appointed as Craft Instructor on 1.12.1972 and upgraded to selection grade Craft Instructor on 1.12.1982. Thereafter, he was promoted as Tamil Pandit with effect from 12.9.1989. Prior to V Pay Commission, in order to avoid frustration in the minds of the employees, the Government of Tamil Nadu has decided to award selection grade/special grade of pay to the servants, to those who have completed 10/20 years of service respectively without any promotion and were given this benefit. This was further extended to award selection grade in the promotional post by way of counting the services rendered in the lower post of selection grade wherever the scale of pay of the selection grade in the lower post was equal to that of ordinary grade pay of the promotional post in the Government Order in G.O.Ms.No.210, P&AR Department, dated 11.3.1987 and this concession be allowed only at the first promotional level.

(3.) THE said benefit was extended to the petitioner and sanction was accorded by the second respondent by giving scale of pay in the post of Tamil Pandit with effect from 1.12.1992 vide proceedings dated 26.5.1999. However, this order was not implemented by the respondents for a long time and the petitioner has made representations. As there was no reply from the respondents, a legal notice was issued to the respondents. THE second respondent has issued another order in proceedings dated 26.8.2002, cancelling the earlier order. Against it, he made an appeal to the first respondent on 21.10.2002. As there was no order passed in the appeal for nearly one year, he filed an Original Application in O.A.No.3009 of 2003 before the Tamil Nadu Administrative Tribunal . As there was no Presiding Officer in the Tribunal, the petitioner filed an application for transfer of the above Original Application before this Court. Accordingly, as per the direction of this Court, the above Original Application was transferred to this Court and was renumbered as W.P.No.27291 of 2005.