- (1.) Facts necessary to decide this appeal and the connected writ petition are as under: Panchayat Union councils came into existence under Tamil Nadu Panchayats Act, 1958. Teachers were employed by the Panchayat Union councils to run the schools established by these councils all over the State of Tamil Nadu. Prior to 2/10/1970 there was no separate post of head master in these primary and middle standard schools. There was no separate cadre of head masters and both the posts carried the same scale of pay. Appointment to the post of head master was not considered promotion.
(2.) It was in February 1971 that separate higher scale of pay was sanctioned for the post of head master of middle schools and was made operative with effect from 2/10/1970. Two separate cadres having come into existence the government by Order No. 1722 dated 6/10/1971 directed that promotions to the post of head master be made from amongst the teachers on the basis of seniority. Consequently the existing incumbents in the posts of head master were reverted, wherever necessary, and promotions were made strictly in accordance with seniority.
(3.) Affected head masters challenged the validity of government Order No. 1722 in Writ Petition No. 3622 of 1973 before the Madrashigh court and the learned Single Judge allowed the writ petition holding that government Order No. 1722 could only operate prospectively and would not affect those who were already functioning as head masters of middle schools irrespective of their seniority. division bench upheld the judgment.;