- (1.) In the State of Madhya Pradesh, prior to 1/4/1981 there was no specific "cadre" of Headmasters either of middle or of primary schools. Two separate common cadres were operating. One for the middle schools consisting of adis/headmasters/upper Division Teachers/instructors etc. and the second for the primary schools consisting of Headmasters/lower Division Teachers etc. The common cadre in respect of middle schools carried the pay scale of Rs. 245-460 whereas the common cadre for the primary schools was having the pay scale of Rs. 160-300. The Upper Division Teachers (UDTs) , when posted as headmasters in middle schools were paid an additional allowance of Rs. 50. 00 for performing the duties of the post of Headmaster. Similarly the Lower Division teachers (LDTs) , when posted as Headmasters of the primary schools were paid an additional sum of Rs. 25. 00.
(2.) As a result of Chaudhary Commission Report the pay scales of headmasters were revised with effect from 1/4/1981. The revised pay scale for the post of middle school Headmasters was Rs. 925-1,500 and for the primary school Headmasters Rs. 635-950. In order to make appointments to the newly created two cadres of Headmasters - middle schools and primary schools - inthe revised pay scales the seniority of the UDTs and the LDTs in their respective common cadres was taken into consideration. On the basis of their seniority in the common cadres they were appointed as Headmasters in the revised pay scales. The appellants/petitioners challenged the action of the State government and sought a mandamus to the effect that since they were holding the post of Headmaster at the time when the revised pay scales were enforced, they were entitled to the grant of the revised scales irrespective of their seniority in the common cadre. A learned Single Judge of the High court allowed the writ petitions. The appeals filed, by the State government were, however, allowed by the division bench of the High court and the judgment of the learned Single Judge was set aside and the writ petitions filed by the appellants/petitioners were dismissed.
(3.) We have heard learned counsel for the appellants. We have been taken through the judgment of the division bench of the High court. We agree with the reasoning and the conclusions reached therein. Prior to 1/4/1981 the appellants/petitioners were members of their respective common cadres. They were only being paid additional allowance for performing the duties as headmasters. New cadres of Headmasters for the middle schools and primary schools having been constituted for the first time with effect from 1/4/1981 the state government was justified in appointing members of the common cadres to the new cadres of Headmasters on the basis of their seniority in the common cadres. The appeals/slps are dismissed. No costs.;