1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 CORAM: THE HONOURABLE MR. JUSTICE T.RAJA W.P.(MD).No.10431 of 2011 P.Gandhi : Petitioner Vs. 1.The Commissioner, Adi Dravidar Welfare Department, Ezhilagam, Chepauk, Chennai - 600 005. 2.The District Adi Dravidar and Tribal Welfare Officer, Adi Dravidar Welfare Department, Tirunelveli District, Tirunelveli. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to promote the petitioner to the post of Warden in the category of B.T. Assistant at any one of the vacancies available in the Government Adi Dravidar Boys Hostel at Tirunelveli District based upon the promotion panel prepared by him vide his proceedings in e/f/V3.35067/2011 dated 07.07.2011 and in pursuance to the letter of the first respondent made in ne/K/f/vz;/X1/19501/2011, dated 19.08.2011 within the time stipulated as prescribed by this Hon'ble Court. For Petitioner : M/s.R.Anand For Respondents : Mr.T.R.Janarthanan Additional Government Pleader ORDER ****** The present Writ Petition has been filed by P.Gandhi seeking for the issuance of a Writ of Mandamus directing the second respondent to promote the petitioner to the post of Warden in the category of B.T. Assistant at any one of the vacancies available in the Government Adi Dravidar Boys Hostel at Tirunelveli District based upon the promotion panel prepared by him vide his proceedings in e/f/V3.35067/2011 dated 07.07.2011 and in pursuance to the letter of the first respondent made in ne/K/f/vz;/X1/19501/2011, dated 19.08.2011 within the time prescribed by this Hon'ble Court. 2. Heard Mr.R.Anand, the learned Counsel for the petitioner. Mr.T.R.Janarthanan, learned Additional Government Pleader appearing for the respondents. 3. The learned Counsel appearing for the petitioner would submit that the petitioner was appointed as a Secondary Grade Teacher in the Government Adi Dravidar Middle School, Vethiarvettu, Udayarpalayam Talum, Perambalur District on 26.10.1999. Subsequently, he got transferred to Adi Dravidar https://hcservices.ecourts.gov.in/hcservices/ 2 Welfare High School, Karayar, Tirunelveli District, on 25.10.2011. Thereafter, in the year 2002, he underwent bachelor of literature course through correspondence and after obtaining permission along with one year leave in the category of Loss of Pay, he has also completed a regular course of Bachelor of Education during the year 2009-2010. This has qualified the petitioner to hold the post of B.T. Assistant/Warden. Under these circumstances, the case of the petitioner is that when he has qualified to the post of B.T. Assistant/ Warden his name should be included in the seniority list, accordingly, the respondents also have placed his name in the seniority list prepared in the proceedings dated 07.07.2011. But, till date the benefit of promotion has not been given to the petitioner even though there are vacancies in Tirunelveli District for the following posts: 1. B.T. Assistant (History) - Government Adi Dravidar Welfare Girls Higher Secondary School, Nallammalpuram. 2. B.T. Assistant (English) - Government Tribal Welfare Residential Higher Secondary School, Melanai, Bapanasam. 3. Warden - Government Adi Dravidar Boys Hostel - Ambasamudram. 4. Warden - Government Adi Dravidar Boys Hostel - Kadayam. 5. Warden - Government Adi Dravidar Boys Hostel - Atchanpudur. 6. Warden - Government Adi Dravidar Boys Hostel - Kallur. 7. Warden - Government Adi Dravidar Boys Hostel - Pettai. 4. In view of that, the petitioner has also given a representation dated 11.08.2011 to the first respondent. On considering the representation of the petitioner, the first respondent/the Commissioner of Adi Dravidar Welfare, Chennai, in his proceedings ne/K/f/vz;/X1/19501/2011, dated 19.08.2011, has addressed a communication to the second respondent, the District Adi Dravidar Tribal Welfare Officer, Tirunelveli, recommending the case of the petitioner to give him promotion to the post of B.T. Assistant in terms of the seniority possessed by the petitioner. Even then, the grievance of the petitioner is that till date no positive answer has come from the second respondent. As a result, the petitioner has come to this Court with the above prayer. 5. The learned Additional Government Pleader appearing for the respondents, on relying upon the counter filed by the respondents, has stated that the post of B.T. Assistant Teacher and Warden are one and the same since they are interchangeable. On that basis when the subject-wise panel has been prepared for the post of B.T. Assistant/Warden as on 01.03.2011 in Tamil subject panel the name of the petitioner has been included has not been operated till now for the reason that there was no vacancy for such post. However, it has been mentioned that as per the instructions issued by the first respondent Commissioner of Adi Dravidar Welfare, Chennai, in his letter No.I1/1100/09 dated 22.07.2009, promotion will be given to the petitioner after the completion of the local body election. Admittedly, the local body election had also been over. Therefore, since in principle the first and the second respondents have https://hcservices.ecourts.gov.in/hcservices/ 3 taken a stand that the petitioner would be given promotion, as directed by the first respondent in his proceedings dated 19.08.2011, the second respondent has undertaken in his counter affidavit that the petitioner would be given promotion after the local body election, this Court directs the second respondent to consider and pass orders promoting the petitioner in any one of the above mentioned available vacancies expeditiously preferably within a period of three months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar(C.S) To 1.The Commissioner, Adi Dravidar Welfare Department, Ezhilagam, Chepauk, Chennai - 600 005. 2.The District Adi Dravidar and Tribal Welfare Officer, Adi Dravidar Welfare Department, Tirunelveli District, Tirunelveli. +1. CC to the Special Government Pleader, SR.No. 39903 srm Order made in W.P.(MD).No.10431 of 2011 Dated:- 15.11.2011 TR : 29.11.2011 : 3p/4c https://hcservices.ecourts.gov.in/hcservices/