LAWS(MAD)-2009-7-534

R JAYAKANTHAN Vs. STATE OF TAMIL NADU

Decided On July 28, 2009
R. JAYAKANTHAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THIS writ petition has been filed to set aside the order of the first respondent, in G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000, in so far as it does not permit the counting of the entire length of the service of the petitioners, for the purpose of Selection Grade and Special Grade and to direct the respondents to regularise the service of the petitioners from the date of their appointment in the cadre of Grade-II, Tamil Pandit.

(3.) IT has been further stated that the Government of Tamil Nadu had issued G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000. IT had been specifically stated that the request for taking into account the service rendered as a Grade II Tamil Pandit for awarding Selection Grade/Special Grade, in the post of Secondary Grade Teacher, cannot be complied with since the petitioners had been appointed as Grade-II Tamil Pandits, only on a temporary basis. The service of the petitioners, as Grade-II Tamil Pandits, was not continuous from the date of their initial appointment, as they had been ousted from service during the summer vacations, in the month of May of each year. Further, the petitioners do not possess the qualifications required for appointment as Grade-II Tamil Pandits. However, the Government of Tamil Nadu had permitted the counting of the service of Grade II Tamil Pandits for the calculation of pensionary benefits. The petitioners were possessing only Secondary Grade qualifications and they do not possess the qualifications required for the post of Grade II Tamil Pandit. Hence, the orders issued in G.O.Ms.No.100, School Education (M1) Department, dated 18.4.2000, is fully applicable to the petitioners and therefore, they were not eligible for the revised Selection Grade/Special Grade, by taking into account the service of Grade-II Tamil Pandit.