The Petitioner has filed the instant Writ Petition for Mandamus to directing the respondents to protect his Middle School B.T. Headmaster scale of pay deemed in the cadre of Middle School Headmaster and confer all consequential benefits within specific the period as fixed.
2.The case of the petitioner is that he was appointed as a Higher Grade Teacher on 23.07.1971 at Panchayat Union Middle School and subsequently got promoted on 01.06.1974 as a Secondary Grade Teacher. Thereafter the petitioner was promoted as B.T. Headmaster and was posted in Panchayat Middle School, Ullur on 21.011.1984. Being so, due to the up gradation of the said middle school as a High School, the petitioner was absorbed as B.T. Assistant in the same school and was paid under same scale of pay. While so, on implementation of 5th pay commission the salary for B.T. Headmaster came to be fixed at Rs.1640-60-2600-75-2000, whereas for the High School B.T. Assistant it was fixed at Rs.1400-40-23-60-2600. Since, the petitioner worked as Middle School B.T. Headmaster and absorbed as B.T. Assistant, he continued to receive the salary fixed for Middle School B.T. Headmaster. However, the 4th respondent herein vide an order dated 28.02.1994, based on an objection raised by the Audit Department, called upon the petitioner to repay a sum of Rs.22,559 and further a direction was given fixing the petitioner?s salary at Rs.1400-40-23-60-2600. The said recovery order was challenged before the Administrative Tribunal, but the petitioner?s application came to be dismissed erroneously by the Tribunal without proper appreciation of the case of the petitioner. Therefore the same was challenged before this Court in W.P.No.13625/2004 and the writ petition was allowed by this Court vide order dated 21.09.2006 by setting aside the recovery order of the 4th respondent.
3.Whereas in the mean time, the petitioner having found that he is entitled for pay protection in the scale of Middle School B.T. Headmaster in addition to the benefits conferred under Selection and Special Grade Scale of pay, the petitioner sent a detailed representation dated 16.06.2008 to the respondents herein, praying for a pay protection in the cadre of Middle School B.T. Headmaster and to confer all Consequential benefits.
4.I heard Mr.K.Balasundaram, learned counsel appearing for the petitioner and Mr.K.Guru, learned Additional Government Pleader appearing for the respondents and perused all the material records.
5.The learned counsel appearing for the petitioner submitted that a Middle School B.T. Headmaster, absorbed as B.T. Assistant in the event of up gradation of the school from a middle school to a high school, is entitled to get pay protection in terms of the government letter dated 15.06.1998. It was further contented that one Mr.R.Soundararajan, who is a similarly placed candidate was allowed with pay protection on the basis of the scale received by him as Middle School B.T. Headmaster. Further it was contented that this Court in W.P.No.728 of 2006 dated 06.02.2008 has held that the teachers of Middle School B.T. Headmaster and absorbed as B.T. Assistant on up gradation of the said school entitled to get pay protection in terms of the Government Letter dated 15.06.1988.
6.Per contra, the respondents filed counter and contented that the writ petition is not at all maintainable since the petitioner herein is not in service and hence the prayer sought for pay protection is unsustainable. The petitioner is entitled for this scale of pay and the rate of Rs. 1400-40-23- 60-2600, since he worked as B.T. Assistant in high school. The petitioner in fact has chosen / opted to work as B.T Assistant in high school, while his opinion was sought by the then A.E.E.O. vide a letter dated 12.07.1986, as to whether the petitioner wants to continue as a B.T. Assistant in the high school or want to revert back as a Headmaster of the Middle School. It was further contented that the G.O. dated 22.03.1971 relied upon by the petitioner herein is inapplicable to the facts of the present case.
7.At this juncture, though very many contentions is being raised by either sides, this Court on perusal of the records finds that the respondents herein, till date has not passed any order on the petitioner?s claim / application for pay protection and other consequential benefits. It is needless to say that the respondents having received petitioner?s application are duty bound to process and pass appropriate orders on such applications/ representation within a reasonable period.
8.In the result, the writ petition is disposed off with a direction to the respondents to pass appropriate orders on the petitioner?s representation dated 16.06.2008, by giving fair opportunity to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs.
To
1.The Director of School Education, College Road, Chennai-6.
2.The Chief Educational Officer, Tanjore District, Tanjore.
3.The District Educational Officer, Pattukkottai.
4.The Head Master, Govt. Higher Secondary School, Thamarankottai, Tanjore..