1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13600 of 2011 and M.P.(MD) No.1 of 2011 M.Gandhirajan, Head Master, Panchayat Union Middle School, Konthakai, Thiruppuvanam Union, Sivagangai District. : Petitioner Vs. 1.The Director - Elementary Education, Department of Education, Nungambakkam, Chennai. 2.The Joint Director - Elementary Education, Department of Education, Nungambakkam, Chennai. 3.The District Elementary Educational Officer, Sivagangai District, Sivagangai. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to include the petitioner's name in the panel for Assistant Elementary Educational Officer for the year 2010-2011, as per the proposals of the third respondent and consequently directing the first respondent to permit the petitioner to participate in the counselling, according to his original seniority. For Petitioner : M/s.P.Muthuvijaya Pandian For Respondents : Mrs.S.Bharathi, Government Advocate ORDER The petitioner, M.Gandhirajan, has filed the present writ petition seeking for the issuance of a Writ of Mandamus directing the first respondent to include his name in the panel for Assistant Elementary Educational Officer for the year 2010-2011, as per the proposals of the third respondent and consequently directing the first respondent to permit him to participate in the counselling, according to his original seniority. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned Counsel appearing for the petitioner would submit that the petitioner joined as a Secondary Grade Teacher on 14.10.1986 and subsequently was promoted to the post of Primary School Headmaster on 10.09.1997. On 23.06.2006, the second respondent disclosed the panel list for promotion to Middle School Headmasters as on 01.06.2006 and as the petitioner being the senior most person in his union, his name was shown as first person in the seniority list. On that basis, he has been waiting for promotion to the post of Middle School Headmaster. But, ironically, it was pleaded, the second respondent, on 11.09.2006, has changed the said list by removing the petitioner's name. Aggrieved by the removal of his name, he has approached the second respondent and asked as to why his name was removed from the list. The second respondent informed the petitioner that he had undergone punishment of suspension for not writing notes of lesson. The learned Counsel for the petitioner would further submit that the order of suspension is not a punishment, however, as the petitioner had undergone the said punishment from 28.06.2001 to 27.09.2001, the same cannot be taken even as a minor punishment or as a stumbling block for the inclusion of his name in the panel for promotion to the post of Assistant Elementary Educational Officer for the year 2010-2011. Further, it has been submitted by the learned Counsel appearing for the petitioner that the third respondent by order dated 02.08.2011 has granted the benefit of notional promotion based on the petitioner's original seniority from 04.12.2006 by including his name in the panel list for the year 2010-2011 in between S.Santhi and B.Prema. As the petitioner's explanation was not accepted, he has approached this Court with the above mentioned prayer. 3. At this juncture, the learned Government Advocate appearing for the respondents by bringing to the notice of this Court a proceedings in e.f.vz;.1154/m/2011 dated 22.07.2011 passed by the Additional Assistant Elementary Educational Officer submitted that the petitioner has become eligible on his appointment to the post of Headmaster of Middle School on 05.11.2007, but, much before the date of his appointment to the post of Headmaster on 05.11.2007, the respondents had already prepared the panel of Assistant Elementary Educational Officer on 23.07.2007, by taking the said date as a crucial date. 4. Indeed a vital aspect needs to be clarified by this Court herein. On an earlier occasion, when the petitioner filed a writ petition in W.P.(MD) No.6407 of 2011 seeking a mandamus to be issued against the respondents to include his name in the list of Assistant Elementary Educational Officer, for the year 2010-2011, as per his original seniority, this Court, by order dated 27.06.2011, at the very admission stage itself, issued a direction to the respondents to include the name of the petitioner in the list of Assistant Elementary Educational Officer, for the year 2010-2011, as per his original seniority. In the light of the above said order, the third https://hcservices.ecourts.gov.in/hcservices/ 3 respondent, in her proceedings dated 02.08.2011, has specifically mentioned that the petitioner is eligible to become Middle School Headmaster on 29.12.2005 itself and accordingly, included the name of the petitioner in the list of Assistant Elementary Educational Officer for the year 2010-2011 and further, granted the notional promotion based on his original seniority from 04.12.2006 by including his name in between the names of S.Santhi and B.Prema. Therefore, the submission made by the learned Government Advocate that the petitioner was not eligible, as he became Middle School Headmaster on 05.11.2007, is not tenable. As the third respondent had already sent proposals vide her proceedings dated 02.08.2011 to the first respondent to grant the notional promotion to the petitioner by including his name in between the names of S.Santhi and B.Prema, this Court is inclined to direct the first respondent to include the name of the petitioner. Accordingly, the first respondent is directed to include the name of the petitioner in the list of Assistant Elementary Educational Officer for the year 2010- 2011 on the basis of the proposals of the third respondent. Resultantly, the first respondent is further directed to permit the petitioner to participate in the counselling on the basis of his original seniority. 5. With the above directions, this writ petition shall stand allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Director - Elementary Education, Department of Education, Nungambakkam,Chennai. 2.The Joint Director - Elementary Education, Department of Education, Nungambakkam, Chennai. 3.The District Elementary Educational Officer, Sivagangai District,Sivagangai. +one cc to Special Government Pleader, Sr.No. 42680 Order made in W.P.(MD).No.13600 of 2011 Dated:- 02.12.2011 SRM SMA/16.12.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/