The Hindu : Tamil Nadu / Chennai News : Downgrading of PG assistant post erroneous: petition

Online edition of India's National Newspaper
Wednesday, Jan 12, 2005

Tamil Nadu

Tamil Nadu - Chennai

Downgrading of PG assistant post erroneous: petition

By Our Staff Reporter

CHENNAI, JAN. 11. The Madras High Court has ordered notice to the State Government on a writ petition against a Government Order downgrading the postgraduate assistant post to a junior grade post in aided schools and paying a consolidated salary of Rs. 4,500 a month for a five-year period.

Justice A. Kulasekaran ordered notice to the Education Secretary and other department officials on a petition filed by S. Merriton Zachari Raj of Nazareth in Tuticorin district.

When the matter came up for hearing, counsel for the petitioner, Paul Vasanthakumar, submitted that the November last order and a January 2005 order downgraded all posts in aided schools arising due to retirement or death or resignation from June 1, 2003.

The secondary grade teacher posts were downgraded to junior grade secondary grade teacher posts, while the B.T. assistant posts were made junior grade B.Ed. posts.

The PG assistant posts were downgraded to junior grade PG Assistant for five years. ``Only after completion of five years, the time-scale pay admissible to secondary grade, BT grade and PG grade teachers will be paid to the teachers concerned.''

The petitioner said he was compelled to execute an agreement, based on which he was paid a consolidated pay of Rs. 4,500 a month despite the fact that he joined a sanctioned post, which was an aided vacancy.

The only reason given by authorities for issuing the impugned order was the ``difficult financial position'' of the State. Referring to various High Court and Supreme Court judgments, Mr. Raj said the administration could not shirk its responsibility in rendering proper education in schools and colleges on the plea of lack of resources.

`No additional burden'

Maintaining that there was no additional financial burden on the Government, as the posts were sanctioned several years ago, the petitioner said downgrading the posts for five years had no basis as from the sixth year onwards they would get a regular pay scale.

``The impugned orders are totally erroneous as the department is creating two sets of teachers in an aided school — those joining after June 1, 2003 and getting consolidated pay, and those who had joined prior to June 1, 2003 and given time scale pay.''

``The method of recruitment, qualification, and the nature and volume of work being the same, if there is any disparity in pay, it is violative of Article 14 of the Constitution,'' he said. Even assuming it was a policy decision of the State, it could still be set aside if it was violative of the fundamental rights, he said.

He prayed for the quashing of the impugned orders, besides seeking a direction to the authorities to pay regular PG assistant scale to him after adjusting Rs. 4,500 a month paid to him so far.

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