1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2011 CORAM : THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD) No.18 of 2011 The District Elementary Educational Officer, Karur, Karur District. ... Appellant Vs. J.Padmavathy ... Respondent Appeal filed under Clause 15 of the Letters Patent against the order, dated 22.05.2008 in W.P.(MD)No.4633 of 2008. Writ petition under Article 226 of the Constitution of India, to issue a writ of certiorarified Mandamus , calling for the records pertaining to the proceedings of the respondent dated 08.05.2008 in Na.Ka.No.2211/A3/2007 and quash the same and directing the Respondent to reinstate the petitioner as the B.T Assistant Teacher (History) at Panchayat Union Middle School, Somur, Karur Union, Karur District. For Appellant : Mr.R.Janakiramulu, Special Government Pleader. For Respondent : Mr.K.Govindarajan JUDGMENT R.SUBBIAH,J. This writ appeal is directed against the order, dated 22.05.2008 passed in W.P(MD)No.4633 of 2008 whereby the learned single Judge quashed the impugned order, dated 08.05.2008 passed by the appellant. 2.It is the case of the respondent that the respondent was appointed as secondary grade teacher at Panchayat Union Middle School, Thalavai, Senthurai Union and after completion of probation, she has been transferred to Karur Union and on 22.06.1988 she joined as secondary grade teacher at Panchayat Union Elementary School, Iyyampalam, Karur Union. In the said union, her name was found at the fifth place in the panel prepared as on 01.01.2007. After promoting the teachers who are placed at 1 to 4 in the panel, on 30.01.2008, the respondent was promoted as B.T.Assistant (History) at Panchayat Union Middle School, Somur, Karur Union. In the said situation, all of a sudden, on 12.05.2008, by proceedings dated 08.05.2008 in Na.Ka.No.2211/A-3/2007 and without serving any notice or giving any opportunity to the respondent, the appellant passed an order demoting the respondent to the original post of secondary grade teacher. Aggrieved over the same, the respondent herein filed the writ petition contending that she was promoted based on the seniority as on the date of joining as secondary grade teacher in the Karur Union. 3.It is the further contention of the respondent that the promotion of secondary grade teachers is governed by the proceedings of Director of https://hcservices.ecourts.gov.in/hcservices/ 2 Elementary Education, dated 12.12.1985. As per the said proceedings, every year the appellant ought to have prepared a panel for promotion and based on the seniority list prepared taking note of the date of completion of probation as secondary grade teacher. For promotions each and every union will be treated as a separate unit and the secondary grade teachers who have been transferred from one union to another union will be placed in the bottom of the panel i.e., below the teachers who have already completed their probation and working in the said union. Based on the respondent's seniority and in accordance with the said proceedings of the Director of Elementary Education, dated 12.12.1995, promotion was given to her in Karur union. But without any valid reason, she was demoted. Aggrieved over the same, the respondent filed the writ petition. On consideration of the case of the respondent, the learned single Judge has quashed the impugned order dated 08.05.2008. Hence, the present appeal. 4.Learned Special Government Pleader submitted that the respondent was demoted from B.T.Assistant post to the post of secondary grade teacher based on her request. In this regard, learned Special Government Pleader has also invited the attention of this Court to the letter dated 20.03.2007 given by the respondent and submitted that the contents of the letter would show that the respondent herself agreed for demotion. Under such circumstances, no infirmity could be found in the impugned order passed by the appellant. 5.Heard the learned counsel for the respondent also. 6.In view of the submissions made by the learned counsel on either side, we have carefully gone through the letter, dated 20.03.2007 given by the respondent. The contents of the said letter would show that the respondent had agreed for reversion provided if she had been transferred to her native district. Therefore, we are of the view that the respondent had consented for demotion only on condition that if the transfer is given to her native district. The impugned order was passed by reverting the respondent in the Karur union itself where she was already working. We do not find any justification in the submissions made by the learned Special Government Pleader in sustaining the impugned order passed by the appellant. Therefore, we are of the view that the learned single Judge has rightly quashed the order. We do not find any infirmity in the order passed by the learned single Judge. 7.The writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To The District Elementary Educational Officer,Karur, Karur District. +1 CC TO MR. K. GOVINDARAJAN, ADVOCATE S.R NO. 1555 +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 1724 W.A.(MD) No.18 of 2011 sms/PAM 03.02.2011/4C/2P 11.01.2011 https://hcservices.ecourts.gov.in/hcservices/