IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 16-06-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.16632 of 2006 (O.A.No.7368 of 1995) A.Thangaraj .. Petitioner/Applicant Versus 1. The Director of Elementary Education, College Road, Madras-6. 2.The District Elementary Education Officer, Dindigul, Anna District. 3.The Assistant Elementary Educational Officer, Athoor Panchayat Union, Chinnalapatty, Dindigul Anna District. 4. A.Muthu .. Respondents/Respondents Prayer: This petition has been filed seeking for a writ of Certioarified Mandamus, to set aside the order made in Na.Ka.No.3494/B3/95, dated 30.8.95, passed by the District Elementary Educational Officer and issue a consequential direction to the respondents to promote the applicant as Middle School Headmaster, at Chinnalapatti, Middle School, Athoor Panchyat Union with effect from the date of vacancy with service and monetary benefits by setting aside the order made in Na.Ka.No.3494/B3/95, dated 5.10.95, by the District Elementary Educational Officer. For Petitioner : Mr.R.Saseedharan For Respondents : Mr.T.Seenivasan Government Advocate O R D E R This petition has been filed by the petitioner praying that this Court may be pleased to set aside the impugned orders of the second respondent dated 30.08.1995 and 5.10.1995, made in Na.Ka.3494/B3/95. https://hcservices.ecourts.gov.in/hcservices/ 2. It has been stated that the petitioner had entered into service as a Secondary Grade Teacher, on 15.7.74, in Athoor Panchayat Union School. He had obtained Master of Arts and Master of Education Degrees in the year 1986 and 1992, respectively. The petitioner is eligible to be promoted as Middle School Headmaster, as per G.O.Ms.No.400, Education, Science and Technology Department, dated 25.5.1995. The petitioner was promoted as a Primary School Headmaster and he took charge as such, on 30.6.95, forenoon, at Athoor Panchayat Union Primary School, Sanga Reddy Kottai. The promotion was made as per the seniority list of Secondary Grade Teacher published, on 3.5.1995, taking into account the crucial date, i.e., 1.1.95. The fourth respondent was promoted as a Middle School Headmaster and he joined the post on 30.6.95, afternoon. Vacancies in the posts of Middle School Head Master arose, on 1.7.95, at V.Koothampatty Middle School, Athoor Panchayat Union and on 29.7.95 at Chilalanpatti Middle School, Athoor Panchayat Union. 3. G.O.Ms.No.400, Education, Science and Technology Department, dated 25.5.1995, and the proceedings of the Director of Elementary Education, made in Na.Ka.No.2968/E.D.1/95, dated 5.9.95, had laid down the criteria for promotion to the post of Middle School Headmaster. The post of Primary Middle School Headmaster and the post of Secondary Grade Teacher carried the same scale of pay and were treated as one and the same. After the introduction of the 5th pay commission recommendations, the post of Primary School Headmaster became a promotional post with higher scale of pay. The post of Secondary Grade Teacher was considered as a lower post with lesser basic pay. Further, the post of B.Ed Assistant and of Tamil Pandit carried lesser pay than the post of B.Ed. Degree Headmaster. 4. The Government had decided to fix primary School Headmaster, B.Ed. Assistant and Tamil Pandit as feeder categories to the post of Middle School Head Master and a combined seniority was introduced for promotion to the post of Middle School Headmaster. Therefore, a Government Order was passed in G.O.Ms.No.400, Education, Science and Technology Department, dated 25.5.1995. However, a combined seniority list had been prepared which was contrary to G.O.Ms.No.400, Education, Science and Technology Department, dated 25.5.1995. As the 4th respondent had joined the post of Primary School Headmaster, on 30.6.95, after noon, the applicant should have been placed at the top of the seniority list and given the promotion as Middle School Headmaster as he had joined the post, on 30.6.95, forenoon. The petitioner had submitted a representation to the respondents, on 1.9.95, claiming seniority in accordance with G.O.Ms.No.400, Education, Science and Technology Department, dated 25.5.1995. However, the District Elementary Educational Officer, the second respondent herein had https://hcservices.ecourts.gov.in/hcservices/ rejected the petitioner's claim by his order, dated 5.10.1995, stating that as on 1.1.95, as per the seniority in Secondary Grade Teacher, the fourth respondent is senior and he was eligible to be promoted as Middle School Headmaster. In such circumstances, the petitioner had filed an Original Application before the Tamil Nadu Administrative Tribunal in O.A.No.7368 of 1998, which has been re-numbered as W.P.No.16632 of 2006 before this Court. 5. In the counter affidavit filed on behalf of the respondents, the claims made by the petitioner have been denied. It has been stated that the respondents have followed the instructions and guidelines for the promotion of Middle School Headmaster, correctly. Accordingly, the 4th respondent had been given the necessary promotion. As the petitioner is not senior enough to be considered for promotion, in relation to the other persons working in Athoor Panchayat Union, as per the panel list for the year 1995, the Middle School Headmaster promotion was given to the 4th respondent as per the rules and guidelines. According to the clarification in L.Dis.26032/ED1/95, dated 6.8.95, the seniority was as per the panel prepared for the year 1995, as on 1.1.95 and the fourth respondent was given the promotion from the post of primary school headmaster to that of Middle school Headmaster, even though he had joined later than the petitioner in the post of Primary School Headmaster. In such circumstances, the writ petition is liable to be dismissed. 6. Considering the submissions made by the learned counsels appearing on behalf of the petitioner, as well as for the respondents, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to interfere with the impugned proceedings of the second respondent as prayed for in the writ petition. The promotion given to the 4th respondent is in accordance with the rules and the instructions applicable to such promotion and it is in accordance with the G.O.Ms.No.400, Education, Science and Technology Department, dated 25.5.1995. Hence, the writ petition stands dismissed. No costs. Csh Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Director of Elementary Education, College Road, Madras-6. 2.The District Elementary Education Officer, Dindigul, Anna District. 3.The Assistant Elementary Educational Officer, Athoor Panchayat Union, Chinnalapatty, Dindigul Anna District. + 1 cc to the Government Pleader, SR No.30472 Writ Petition No.16632 of 2006 PUR(CO) SR/24.6.2008 https://hcservices.ecourts.gov.in/hcservices/