SUBHASH A CHARI Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THE petitioner was one of the Teachers of the respondent no. 2 School and has set out in paragraph 4 of the petition he was at sr. no. 3 in relation to the other two Teachers that were his senior. Scheme of grant of Selection Grade came to be introduced in the School on and from 5th September, 1971 and accordingly, the first Teacher Miss Ursula Lobo got Selection Grade and on her retirement on 1st June, 1978, Teacher next in line, Miss Evelyn D'souza got the scale. It is an admitted position that the petitioner is next below Teacher and therefore, in the ordinary course, either on retirement of Miss Evelyn D'souza or her losing the job he too would have got the Selection Grade.

(2.) IN his service career another important event took place in the month of June, 1981, from which period he came to be upgraded in Graduate Cadre. However, if at all he has to get Selection Grade prior to the said upgradation, the obvious and immediate advantage will be that he will carry his Selection Grade in the upgraded post and, accordingly, will start drawing the salary because the salary drawn in the feeder cadre will be protected. This will, ofcourse have a cascading effect right to the date of retirement.

(3.) THE Selection Grade post occupied by Ms. D'souza apparently was not dealt with till for the first time an Order came to be passed in favour of one Miss Militina Dias and grade to be granted to her with effect from 10th June, 1982.