Madrasreserved High Court · 2025

W.P.No.14661 of 2011and disburse the arrears of salary within a reasonable time and grant such other further relief as this Court may deems fit and proper under the circumstances arising out of the case.For Petitioner: Mr.R.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondents: Mr.S.Prabhakaran Government Advocate ORDER In this Writ Petition, the Petitioner has challenged the Endorsement / Notice dated 12.01.2010 of the 3rd Respondent made in the Petitioner's Representation dated 18.11.2009 bearing No.5472/09 (hereinafter referred to as the “Impugned Order”). The Impugned Order dated 12.01.2010 reads as under:-m/jp/K/vz;/5472-m3-09 ehs;/12/01/2010“ jpUg;gg;gLfpwJ/1/ muRf; fojk; vz; 9032-V1-2002?5 gs;spf;fy;tp (V1) Jiw ehs; 27/01/2003 kw;Wk; brd;id?6 jkpH;ehL. gs;spf; fy;tp ,af;ffk; bray;Kiwfs; ep/K/vz; 131941-rp36-2000 ehs;/11/03/2003?y; tH';fg;gl;Ls;s bjspt[iufspd; mog;gilapy;. tpz;zg;gjhuh; rpwg;g[epiy gl;ljhhp Mrphpah; kw;Wk; muR nky;epiyg;gs;sp jiyik Mrphpah; gzpapy; 30/12/2005?y; 10 Mz;Lfhyg; gzpapid Kof;ftpy;iy/2/ gl;ljhhp Mrphpah; gzpapy; rpwg;g[ epiy 12/10/2003?y; tH';fg;gl;L rpwg;g[epiy gl;ljhhp Mrphpauhf. 2 Mz;Lfs; 2 khjk; kw;Wk; 18 ehl;fs; kl;Lk; gzpg[hpe;Js;shh;/3/ muR Mizfspd;go rpwg;g[ epiyf;Fg;gpd;dh; cs;s 2/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011gzpf;fhyj;ija[k; (xj;j Cjpa tpjpfspd;go) muR nky;epiyg;gs;sp jiyik Mrphpah; gzpapd; rhjhuz epiy gzpf;fhyj;ij kl;Lnk fzf;fpy;bfhz;L muR nky;epiy gzpapy; njh;t[epiy tH';fyhk;/ ,t;tifapy; jdpahpd; nfhhpf;if Vw;f ,ayhbjd bjhptpf;fg;gLfpwJ/”2. The Impugned Order dated 12.01.2010 has been passed by the 3rd Respondent in response to the representation dated 18.11.2009 of the Petitioner while serving as a Headmaster, Higher Secondary School, Kovilur, Ariyalur District. 3. The Petitioner joined the service of the Education Department on 07.10.1983 as a Tamil Pandit Grade-I. After completing 10 years, the Petitioner was awarded selection grade post on 08.10.1993 in the pay band of Rs.6,500-200-10,500/-. 4. Thereafter, the Petitioner was also awarded a Special Grade on 12.10.2003 in the pay band of Rs.8,000-275-13,500/- as the Petitioner was not promoted. Thus, the Petitioner continued to draw the salary in the Special Grade that was awarded to the Petitioner in the pay band of Rs.8,000-275-13,500/- on 12.10.2003. 5. The Petitioner was thereafter promoted as a Headmaster of the Government High School, Varagur, Thanjavur District. Later, the Petitioner 3/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011was promoted as Headmaster of Government Higher Secondary School in Kovilur, Ariyalur District on 30.06.2009. The Petitioner however continued to draw salary on the aforesaid special grade pay scale in the pay band of Rs.8,000-275-13,500/- which was the Special Grade awarded to the Petitioner on 12.10.2003 as a Grade-I Tamil Pandit.6. At the time of filing the Writ Petition, the Petitioner was aged about 59 years and had already attained the age of superannuation on 31.01.2010. The Petitioner's service was extended up to 31.05.2010 in view of the prevailing Government Orders. 7. It is the specific case of the Petitioner that in terms of the Government Order dated 28.09.1999 of Personnel and Administrative Reform (S) Department bearing Letter No.168/98, Secretariat, Chennai - 9, the Petitioner was entitled for Selection Grade as a Headmaster of the Government Higher Secondary School in Kovilur, Ariyalur District. 8. A reference was made to Paragraphs 1 and 5 of the aforesaid Government Order dated 28.09.1999. For the sake of clarity, the aforesaid 4/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011Government Order is reproduced below:-“In the Government Order second cited orders have been issued to the effect that the services rendered in the Selection Grade of the lower post shall be counted for awarding Selection Grade in the promoted post provided that the Selection Grade Scale of the lower post is identical to the ordinary grade of the higher post and that concession will be allowed only at the first level of promotion.2.In the Government Order third cited orders have been issued that the services rendered in the Special Temporary Post shall be counted for the award of Selection Grade in the next higher post and this concession shall be allowed only at the first level promotion (as in the case of selection Grade).3. In the Government letter fourth cited, orders were issued that the services rendered in the Selection Grade/Special Grade including erstwhile special Temporary post in the pre-revised scale of pay of the lower post shall be counted for awarding selection grade in the higher post provided that the scale of pay of Selection Grade/Special Temporary post of the lower post are identical or higher than the ordinary grade of the higher post. The request to extend these orders to second level promotion posts also was referred to the One Man commission (1998).4. The One Man Commission has observed that at the time of issue of orders many employees could not avail the benefit as it was confined to first level promotion only. The Commission has therefore recommended that the benefit of orders in references (2) (3) and (4) cited counting the services rendered in the Selection Grade of the lower post for awarding the Selection Grade in the promotion post be extended to all employees irrespective of whether they are in the first level promotion or not but limited to only once in service period.5/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 20115. The Government have carefully examined the matter in the light of the recommendation of the One Man Commission and have decided to accept it. Accordingly I am directed to state that orders issued in references (2) to (4) cited above in regard to the concession of counting the services rendered by employee in the Selection Grade Special Grade/Services Temporary Post of the lower post having identical or higher scales for the purpose of awarding Selection Grade in the promotion post be extended to all employees irrespective of whether it is first level promotion or not but limited to only once in the service period. 6. These orders will take effect from 1st September 1998.”9. The learned Senior Counsel for the Petitioner would submit that the Petitioner was awarded Selection Grade on 12.10.2003 after serving as a Grade-I Tamil Pandit for almost 10 years. It is submitted that as per the Government Order issued from time to time, it has been clarified that services rendered in the Selection Grade/Special Grade in the lower post is to be counted for awarding Selection Grade in the promotional post, provided the Selection Grade Pay is identical to that of the Ordinary Grade Pay of the higher post and the concession would be allowed only at the first level of promotion. Therefore, it is submitted that it was conceded and thus the above mentioned Government Order was issued in Letter No.168/98 of Personnel and Administrative Reforms (S) Department dated 28.09.1999.6/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 201110. The learned Senior Counsel for the Petitioner would further submit that the Petitioner on attaining the Selection Grade post of Tamil Pandit Grade-I on completion of 10 years of service on 07.10.1993, the Petitioner received a scale of pay of Rs.6,500/- which is equivalent to the salary of the High School Headmaster. 11. It is further submitted by the learned Senior Counsel for the Petitioner that the Petitioner has served as Selection Grade Tamil Pandit from 08.10.1993 to 11.10.2003 (10 years and 4 days) in the Scale of Pay of Rs.6,500-200-10,500/-. The Scale of Pay of Headmaster in a High School and that of the Selection Grade pay of the Tamil Pandit are one and the same. 12. It is submitted by the learned Senior Counsel for the Petitioner that the Petitioner also served as a Special Grade Tamil Pandit with effect from 12.10.2003 to 30.12.2005, a period of 2 years and 2 months and 18 days in the Scale of Pay of Rs.8,000-275-13,500/-. On the date of attaining promotion as a High School Headmaster, the Petitioner was serving in the scale of pay of Rs.6,500-200-10,500/- with effect from 30.12.2005 to 30.06.2009. 7/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 201113. It is submitted that the Selection Grade Pay of Tamil Pandit Grade-I, Selection Grade pay of High School Headmaster and also the Selection Grade pay of B.T. Assistant are one and the same viz., Rs.8,000-275-13,500/- which has been clarified by the Director of School Education in his Ni.Mu.No.131941/C36/2000 dated 11.03.2003.14. The learned Senior Counsel for the Petitioner has further drawn attention to Paragraph No.5 of the Affidavit filed in support of the present Writ Petition, wherein, the details of the pay given to the Petitioner as a Tamil Pandit and on completion of 10 years of Service on 07.10.1993, the Petitioner was receiving a scale of pay of Rs.6,500/- which is equivalent to the salary of the High School Headmaster. 15. It is further submitted that the Petitioner was given Scale of Pay of Rs.8,000-275-13,500/-. This Scale of Pay is given only for a Selection Grade / Special Grade Tamil Teachers and that of the Headmaster in High School and Higher Secondary School. Therefore, the learned Senior Counsel submits that there is no justification in the Impugned Order. 16. That apart, the learned Senior Counsel for the Petitioner also referred 8/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011to another communication issued to one S.Maria Michael, Physical Director (Retired) dated 30.08.2009 bearing Letter No.36486/S/09, wherein, in Paragraph No.3, it has been clarified as under:-“3. In the Government Letter Ms.No.168, Personnel and Administrative Reforms (S) Department, dated 28.09.1999, it was clarified that orders issued in G.O.Ms.No.210, Personnel and Administrative Reforms (S) Department, dated 11.03.1987 and Government Letter No.32/S/96-1, Personnel and Administrative Reforms (S) Department, dated 26.09.1997, in regard to the concession of counting the services rendered by employees in the Selection Grade/Special Grade/Special Temporary post of the lower post having identical or higher scales for the purpose of awarding Selection Grade in the promotion post be extended to all employees irrespective of whether it is first level promotion or not, but limited to only once in the service period.”17. Opposing the prayer, the learned Government Advocate for the Respondents would draw attention to Paragraph Nos.4 to 8 of the Counter Affidavit which reads as under:- “4. I submit that the petitioner has been awarded the Selection grade in the Tamil Pandit in the scale of pay of Rs.6500-200-10500 on completion of service of 10 years which is equivalent to the ordinary scale of the High School Headmaster. The ordinary scale of pay of the High School Headmaster and the Selection grade of Tamil Pandit are one and the same.5. I submit when the petitioner was promoted to the post of Headmaster in Government High School he had got the higher scale of pay of Rs.8000-275-13500/-, taking the 9/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011period of twenty years service he has rendered in Selection Grade/Special Grade. Therefore, once again he cannot seek further fixation or Selection Grade in the higher post according to aforesaid Government Order.6. I submit that the petitioner has not completed 10 years of service in the cadre of High School Headmaster and hence his representation has been rejected. Further the petitioner has served in two different type of scale of pay which cannot be taken into account to move into grade in the cadre of High School Headmaster. The petitioner had rendered service in the scale of pay of Rs.6500-200-10500/- and also in the scale of pay of Rs.8000-275-13500/-. Therefore, the petitioner is not entitled for the selection Grade in the post of Headmaster of the High School.7. I submit that, if the Selection Grade lower scale of post ordinary grade scale of higher promotion post is identical shall be taken into account for awarding Selection Grade in the higher post. The petitioner should have rendered 10 years of service in the Special grade of the lower post and ordinary grade of the promotional post and then only the petitioner is eligible for Selection Grade in the promoted post/higher post. But in this case the petitioner has rendered service in two different type of posts in two different time scale of pay (i.e. 08.10.1993 and 12.10.2003) – Selection grade Tamil Pandit, and Special grade Tamil Pandit) and therefore the petitioner is not eligible for selection Grade in the post of Headmaster.8. I submit that the petitioner has rendered 20 years of service in the post of Tamil Pandit Grade-I and only 2 years of service in the post of Headmaster in Government High School. The petitioner must have rendered service of 10 years in the post of Headmaster of the High School and then only the petitioner is eligible for Selection Grade in the post of High School Headmaster, but the petitioner has rendered only 2 years of service in the post of High School Headmaster. Hence, he is not eligible for Selection Grade 10/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011in the post of High School Headmaster.”18. It is submitted by the Respondents that since the Petitioner was promoted to the post of High School Headmaster on 30.12.2005, his salary was revised to the Selection Grade pay that was given to the Petitioner on 08.10.1993, as the salary of the B.T. Assistant and that of the Headmaster in the High school are one and the same. 19. It was further submitted by the Respondents that, to be eligible for Selection Grade in the post of Headmaster in the Higher Secondary School, the Petitioner should have completed ten years from 10.06.2009 or from 30.12.2005 as the case may be. It is submitted that in this case, the Petitioner attained the age of superannuation on 31.05.2010 and therefore there is no scope for giving a fresh Selection Grade to the Petitioner as a Headmaster of Higher Secondary School.20. The learned Government Advocate for the Respondents would submit that if the Selection Grade is allowed, the Petitioner's salary would be increased by Rs.275/-. Accordingly, the pensionary benefits of the Petitioner could be marginal. Hence, prays for dismissal of the Writ Petition.11/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 201121. I have considered the arguments advanced by the learned Senior Counsel for the Petitioner and the learned Government Advocate for the Respondents.22. There is no dispute that the Petitioner had been given Selection Grade pay and Special Grade pay owing to the long duration of service of the Petitioner in the same post as a Grade-I Tamil Pandit since 1983. The Petitioner was thereafter promoted as a Headmaster in Government Higher Secondary School, Varagur Village, Thanjavur District on 23.12.2005. The Petitioner was paid higher salary which he drew as a Selection Grade Pay as a Grade-I Tamil Pandit. The Petitioner was thereafter promoted as a Headmaster in Government Higher Secondary School, Kovilur Village, Ariyalur District on 30.06.2009. 23. It is the case of the Petitioner that the Petitioner is entitled to a Selection Grade afresh as in the capacity as a Headmaster in Government High School, Varagur Village, Thanjavur District with effect from 23.12.2005 and thereafter as a Headmaster in Government Higher Secondary School, Kovilur Village, Ariyalur District since the Petitioner retired on 31.05.2010 after extension. 12/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011 24. It is clear that the Petitioner has not served a period of 10 years since his promotion as a Headmaster in Government Higher Secondary School, Kovilur Village, Ariyalur District. Therefore, the Petitioner cannot claim fresh Selection Grade Pay merely based on Government Order dated 28.09.1999 of Personnel and Administrative Reform (S) Department bearing Letter No.168/98, Secretariat, Chennai – 9. 25. As per the aforesaid Government Order dated 28.09.1999, the service rendered by an employee in the Selection Grade/Special Grade/Services Temporary Post of the lower post having identical or higher scale of pay for the purpose of awarding Selection Grade in the promotion post is to be extended to all employees irrespective of whether it is the 1st level promotion or not but limited to only once in the service period. 26. The language in the aforesaid Government Order dated 28.09.1999 of Personnel and Administrative Reform (S) Department bearing Letter No.168/98, Secretariat, Chennai - 9, which has been extracted in Paragraph 4 of the Affidavit filed in support of the present Writ Petition itself makes it clear that the Petitioner cannot claim Selection Grade Scale of Pay again as a Headmaster of the respective School as he has served only for a period less than 13/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 20115 years since 23.12.2005 till the date of his superannuation on 31.05.2010. 27. Therefore, this Writ Petition is liable to be dismissed. It is accordingly dismissed. No costs. 17.06.2025Neutral Citation: Yes / Nojas / arbTo:1.The Secretary to Government, School Education Department, Fort St. George, Chennai – 9.2.The Director of School Education (Higher Secondary), College Road, Nungambakkam, Chennai – 6.14/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 20113.The Chief Educational Officer, Ariyalur – 621 704.C.SARAVANAN, J.jas / arb15/16 https://www.mhc.tn.gov.in/judis W.P.No.14661 of 2011Pre-delivery Order inW.P.No.14661 of 201117.06.202516/16