Supreme Court of India
R. DURAISWAMY AND ORS. versus DIRECTOR OF SCHOOL EDUCATION AND ORS.
- Decided
- 12 December 2000
- Judges listed
- S. RAJENDRA BABU
- Disposal
- Dismissed
Citations
- Official
- [2000] SUPP. 5 S.C.R. 565 · 2000 INSC 592
- Not shown
- 1 other citation string that other judgments attach to this one, on evidence too thin or too divided to publish.
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RAJENDRA BABU, J. The Petitioners before us were appointed teachers in the Panchayat Union Elementary Schools under the Tamil Elementary Education Subordinate Service. When they were working Middle Schools, they were upgraded as High Schools and the Petitioners were transferred to the High Schools. The Petitioners were absorbed High School Service but some of the teachers, who were stated to be to the Petitioners and who continued in the Panchayat Union Elementary Schools, were subsequently promoted as Head Masters in the primary the Middle Schools run by the Panchayat Union. They were allowed their pay in the scale of Rs. 2,000- 3,200 from 1.6.88 pursuant to G.0. on 5.10.1990. The result was that they started getting more pay Petitioners did.
p. 566, margin D
In those circumstances the Petitioners and others approached the 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 Primary/Middle Schools on the basis seniority and thus would have been entitled to draw such higher scales. The Tribunal relied upon certain Government orders and held that the teachers the elementar; and Middle Schools and the teachers of the High 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 distinguished and their claim has been rejected. It is against this order that the Petitioners have now come before this Court.
pp. 566–567, margin F
It is clear from the narration made above that the Petitioners had been working in the High Schools on the upgradation of the Middle Schools to High Schools. If they were really aggrieved. they should have chosen to get back to their parent schools and should have derived the benefits as were being given to those who continued in the Panchayat Unions School. On their absorption in the High Schools, they ceased to be apart of the cadre of teachers serving in schools run by the Panchayat Union. The protection granted by the Government on which the Tribunal had earlier placed reliance was only in relation to pay and awarding of selection or special grade and that would not constitute one single cadre. Therefore, the claim made by the Petitioners is unfounded.
p. 567, margin B
Identical question was also considered by this Court in Director of School Education & Anr. v. A.N. Kandaswamy & Anr., (I 998) 5 SCALE 699 and following the said decision, for the reasons stated therein, we find no merit in these petitions and the same stand dismissed. No costs. B.S. Petitions dismissed.
p. 567, margin D