1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No. 12730 of 2011 R.Mallika ... Petitioner Vs. 1. The Principal Secretary to Government, Education Department, Secretariat,Chennai - 600 009. 2. The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai. 3. The Chief Educational Officer for Corporation, Madurai Corporation Schools, Aringar Anna Maligai, Madurai 625 002. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 5.10.2011 by placing the petitioner at 3rd place in the seniority panel dated 4.3.2010 as on 1.1.2010 for the post of P.G. Assistant working in Madurai Corporation Higher Secondary Schools with all consequential and monetary benefits within the time frame that may be stipulated by this Court and pas such further or other orders as may deem fit and proper in the nature and circumstances of the case. For Petitioner : Mr.K.Ravi Anathapadmanaban For Respondents : Mr.P.Gunasheelan Muthiah for Mr.G.R.Swaminathan O R D E R The petitioner, R.Malliga, who was appointed as Physical Education Director as per the proceedings of the second respondent- the Commissioner of Madurai Corporation dated 22.1.1985 and pursuant to the proceedings of the second respondent, the petitioner joined as Physical Education Director in E.V.R.Nagammaiyar Corporation Higher Secondary School for Girls at South Veli Street, Madurai on 25.2.1985. 2. The learned counsel appearing for the petitioner also submits that the petitioner was already a qualified teacher in M.Sc. Zoology with M.Ed., degree and in the year 1993, when there was no qualified https://hcservices.ecourts.gov.in/hcservices/ 2 and eligible teacher for P.G. Assistant Teacher in the Corporation Schools, she was directed to take Zoology classes with this qualification in the E.V.R.Nagammaiyar Corporation School for Girls on short term arrangement. After completing five years of academic year of service as P.G.Assistant, she was appointed as P.G. assistant in Zoology by proceedings dated 16.5.1997 issued by the second respondent in No. A1/44537/96 and the pay structure for Physical Education Director and P.G. Assistant are one and the same. Therefore, prayer of the petitioner is that she was appointed as Physical Education Director on 22.1.1985 and joined as Physical Education Director in E.v.R. Nagammaiyar Corporation Higher Secondary School for Girls on 25.2.1985 and after 12 years of her long service, she was appointed as P.G. Assistant on 2.6.1997 hence, her 12 long years of service cannot be ignored for the purpose of reckoning seniority. 3. The further submission made by the learned counsel appearing for the petitioner is that if the previous years of service is reckoned, she should be placed in between Serial No.2 to 4 of the present seniority list. But without reckoning the 12 years of service, they have wrongly placed the petitioner in Serial No.19. Though, in this regard the petitioner has presented her representation dated 30.8.2011 followed by another representation dated 5.10.2011 to the Chief Education Officer for Corporation, the same have not been, till date, considered. As the request of the petitioner was not considered by the Chief Educational Officer for Corporation in charge of Madurai corporation Schools it was further submitted that if a direction is given to the respondent to take into account the petitioner's earlier service, namely, 12 years of service rendered as Physical Education Director on the ground that the pay structure for Physical Education Director and P.G. Assistant are one and the same, no one will be prejudiced. 4. In reply, the learned counsel appearing for the respondent would submit that if the Rule permits for the counting of the petitioner's 12 years of previous service rendered as Physical Education Director till she joined as P.G. Assistant Teacher, the respondent would consider and pass appropriate orders. 5. It is not in dispute that the pay for Physical Education Director and P.G. Assistant are one and the same. It is also not in dispute that the petitioner being qualified for P.G. Assistant and passed M.Sc., Zoology with M.Ed degree in the year 1993 and that there was no eligible and qualified Zoology P.G. Assistant Teacher in the Corporation School, she was directed to take Zoology classes to the students in E.V.R. Nagammaiyar Corporation School for Girls on working arrangement basis. Accepting the satisfactory performance made by the petitioner for about 5 academic years, she was appointed as P.G. Assistant in Zoology as per the proceedings issued by the second respondent in No. A1/44537/96 dated 16.5.1997. Therefore, as rightly pointed out by the learned counsel appearing for the petitioner, the petitioner falls within the guidelines issued in https://hcservices.ecourts.gov.in/hcservices/ 3 G.O.No.720 Education Department dated 15.4.1988. Therefore, I do not find no impediment for issuing this direction to the respondent to consider the genuine request of the petitioner to count her 12 long years of services which she has rendered as Physical Education Director, as the pay structure for both the posts are one and the same. In view of the above, the respondents are directed to consider the petitioner's representation and pass appropriate orders within a period of two weeks from the date of receipt of copy of this order. With the above observations, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1. The Principal Secretary to Government, Education Department, Secretariat,Chennai - 600 009. 2. The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai. 3. The Chief Educational Officer for Corporation, Madurai Corporation Schools, Aringar Anna Maligai, Madurai 625 002. +1 CC to Mr.K.Ravi Anantha Padmanaban, Advocate (SR.No.42626) W.P.(MD)No. 12730 of 2011 2.12.2011 ses NSV/16.12.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/