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