Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
CASE NO.:
Special Leave Petition (civil) 11650-11652 1997
PETITIONER:
R. DURAISAMY & ORS.
Vs.
RESPONDENT:
DIRECTOR OF SCHOOL EDUCATION & ORS.
DATE OF JUDGMENT: 12/12/2000
BENCH:
S.R.Babu, S.V.Patil
JUDGMENT:
L.....I.........T.......T.......T.......T.......T.......T..J
J U D G M E N T
RAJENDRA BABU, J. :
The Petitioners before us were appointed as teachers
in the Panchayat Union Elementary Schools under the Tamil
Nadu Elementary Education Subordinate Service. When they
were working in such Middle Schools, they were upgraded as
High Schools and the Petitioners were transferred to the
High Schools. The Petitioners were absorbed in the High
School Service but some of the teachers, who were stated to
be junior to the Petitioners and who continued in the
Panchayat Union Elementary Schools, were subsequently
promoted as Head Masters in the primary and the Middle
Schools run by the Panchayat Union. They were allowed to
draw their pay in the scale of Rs.2,000- 3,200 from 1.6.88
pursuant to G.O. issued on 5.10.1990. The result was that
they started getting more pay than the Petitioners did.
In those circumstances the Petitioners and others
approached the Tamil Nadu Administrative Tribunal
[hereinafter referred to as the Tribunal] for fixation of
their pay on par with the Head Masters in the Panchayat
Union schools. They contended that, apart from the
unfairness of being paid lesser salary, had they continued
in the Panchayat Union schools, they would have become Head
Masters in the Primiary/Middle Schools on the basis of their
seniority and thus would have been entitled to draw such
higher scales. The Tribunal relied upon certain Government
orders and held that the teachers of the elementary and
Middle Schools and the teachers of the High Schools
constituted one service and, therefore, granted relief to
them in some of the applications filed before it. But in
subsequent applications filed before the Tribunal, the
matter was reviewed and the cases of the Petitioners were
d