The High Court has ruled that the government’s order not to give salary hike to those who were promoted as primary school headmasters after December 1995.
Background of the case!
In 2011, the Government of Tamil Nadu issued an ordinance to provide special level pay to secondary teachers who were promoted as primary school head teachers after 1988.
Those who were promoted as primary school headmasters after 1995 requested the Tamil Nadu government to give them the benefits of this ordinance.
A case was also filed in this regard. The single judge of Madras High Court heard the case and ordered to grant the decree benefits.
Government decision!
The Tamil Nadu government rejected their claim saying that they had not worked as primary school head teachers from June 1988 to December 1995.
Against this, an appeal was filed in the Madras High Court on behalf of the retired teachers who were promoted as head teachers after December 1995.
The case was heard by a bench comprising Justices D. Krishnakumar and K. Kumaresh Babu.
The argument of the government!
At that time, Additional Advocate General R. Neelakandan appeared on behalf of the government and said, “This order applies only to those who have been promoted from 1988 to 1995. Without this time limit, if the primary school head teachers were to be given cash benefits, the government would incur an additional cost of up to Rs 278 crore while providing pension to 11,239 retired primary school head teachers.
As far as this case is concerned, all the appellants were promoted after December, 1995. Considering this, the government has rejected the request of the appellants.
The order issued by the judge!
After listening to the arguments of both sides, the judge said, “The government has the power to set a time limit for the promotion of primary school headmasters after December 1995. Those promoted after this period are not entitled to cash benefits. Therefore, the government order which refused to give cash benefits to those promoted after 1995 will go. The petitions are dismissed,” he ordered.
