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Judgment
D. Hariparanthaman, J.—The petitioner is a First Class Diploma Holder in Fine Arts. He was appointed as Instructor in Commercial Art on
a temporary basis and joined duty on 09.10.1969 in the Government College of Arts and Crafts, Chennai. He was promoted as Associate
Lecturer on 01.12.1986 and thereafter as Lecturer on 03.05.1995. He was further promoted as Head of the Department in the Government
College of Arts and Crafts, Kumbakonam, vide G.O.Ms. No. 15, Tamil Development-Culture Department dated 11.01.1996. He was allowed to
act as the Principal in charge in the said college in 1996 itself. Thereafter, he was regularly appointed as Principal in the Government College of
Fine Arts, Chennai vide G.O.Ms. No. 186, Tamil Development Culture and Religious Endowments Department dated 14.06.2000. The appellant
attained the age of superannuation on 30.06.2000 as Principal. However, he was allowed to continue as Principal on re-employment basis from
01.07.2000 to 31.05.2001 and the re-employment period was further extended to six months from 01.06.2001 to 31.12.2001.
The petitioner was in receipt of the scale of pay of Rs. 14000-18620 for the post of Principal. His grievance is that he should have been paid
Rs. 16400-22400 instead of Rs. 14000-18620. He made a request for revising his pay to Rs. 16400-22400 but the same was rejected by the
respondent in the impugned order dated 23.11.2001.
The petitioner filed O.A. No. 1600 of 2002 to quash the impugned order dated 23.11.2001 of the respondent and for a direction to the
respondent to pay him the scale of Rs. 16400-22400, with initial start at Rs. 17,300/- for the post of Principal and accordingly to revise his
pensionary benefits and to pay him arrears thereon.
Heard M/s. L. Chandrakumar, learned Counsel for the petitioner and Mrs. C.K. Vishnupriya, learned Additional Government Pleader for the
respondents.
The learned Counsel states that since he is the Principal of Government College of Fine Arts, he is entitled to the scale of Rs. 16400-22400 as
given to the other Principals of Governments Art Colleges.
On the other hand, the learned Counsel for respondent strenuously contends, based on the reply affidavit and the annexure of the reply affidavit,
the petitioner is not entitled to receive the pay scale of Rs. 16400-22400 and he is only entitled to receive the pay scale of Rs. 14000-18620.
I have considered the submissions made by the counsel on either side. All the Principal in the Government College of Fine Arts is governed by
the G.O.Ms. No. 430 issued by the respondent. As per G.O.Ms. No. 430, Education Department, dated 11.04.1991, the Principal of
Government College of Arts & Crafts, Madras was given the scale of Rs. 4200-5700 revising the then existing scale of pay Rs1500-2100.
Admittedly, the revised scale for Rs. 4200-5700 is Rs. 14000-18620. In fact, the learned Counsel for the respondent draws my attention to
G.O.Ms.430, wherein the qualification prescribed for the revised pay is Bachelor''s degree in Fine Arts with 5 years experience as Head of the
Department, for receipt of the scale of Rs. 4200-5700. The petitioner was granted the said scale though he was only having Diploma Qualification
and he did not also have 5 years of experience as the Head of the Department at the time of his appointment as Principal in the said college.
Further the learned Counsel for the respondent submits that the petitioner cannot compare himself with the Principals of the Government Art
Colleges where the Principals are holding Post Graduate Degrees for getting their scale. It is also brought to the notice of this Court, that the
respondent in G.O.Ms. No. 132 dated 17.05.2000, revised the scale of Principals in Government Colleges of Fine Art and Craft at Chennai from
Rs. 4200-5700 to Rs. 14000-18620. The petitioner cannot seek a different scale of pay, without any valid reasons.
There is no infirmity in granting the scale of Rs. 14000-18620 to the petitioner. Hence, the Writ Petition is dismissed. No costs.