IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 18.10.2010 CORAM: THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA W.P.No.12478 of 2008 and M.P.No.3 of 2008 W.P.No.3129 of 2008 and M.P.No.3 of 2008 W.P.No.21905 of 2008 and M.P.Nos.2 and 3 of 2008 W.P.No.23006 of 2007 and M.P.Nos.2&3/2007 and M.P.No.1/2008 W.P.No.5380 of 2009 and M.P.No.2 of 2009 W.P.No.27521 of 2008 and M.P.Nos.1 and 2 of 2008 W.P.No.4445 to 4448 of 2009, W.P.No.25523 of 2007 and M.P.Nos.2 of 2007 & 2 of 2008 W.P.No.7169 of 2009 and M.P.No.2,3 and 4 of 2009 W.P.No.7486 of 2009 and M.P.Nos.2,3 and 4 of 2009 W.P.No.5221 of 2009 and M.P.No.2 of 2009 W.P.No.17631 and 7315 of 2009 W.P.No.12478 of 2008: 1. R.Dhanalakshmi 2. P.Karuppan .. Petitioners Versus 1. The Director of Elementary Education DPI Compound, College Road, Chennai 6. 2. The District Elementary Educational Officer, Namakkal, Namakkal District. 3. The Assistant Elementary Educational Officer, Erumaipatty, Namakkal District. 4. M.Lakshmi Secondary Grade Teacher A.Vazhavanthi Panchayat Union Middle School Erumaipatti Union, Namakkal District. https://hcservices.ecourts.gov.in/hcservices/ 5. S.Swaminathan Secondary Grade Teacher Kalichettipatty Panchayat Union Middle School Erumaipatti Union, Namakkal District. .. Respondents W.P.3129/2008 TMT V.R.JAYALAKSHMI [ PETITIONER ] Vs 1 THE DIRECTOR OF ELEMENTARY [ RESPONDENT ] EDUCATION E.V.K.SAMPATH MALAIGAI CHENNAI 6 2 THE DIST ELEMENTARY EDUCATIONAL OFFICER RAJA STREET COIMBATORE 641 001 3 THE ASST ELEMENTARY EDUCATIONAL OFFICER A.E.O.OFFICE POLLACHI SOUTH POLLACHI 642 001 WP 21905/2008 K.LAKSHMI [ PETITIONER ] Vs 1 THE STATE OF TAMILNADU REP BY ITS SECRETARY TO GOVT. EDUCATION DEPT. FORT ST.GEORGE CHENNAI 9. 2 THE DIRECTOR TAMILNADU ELEMENTARY SCHOOL DIRECTORATE COLLEGE ROAD CHENNAI 6. 3 TEACHER RECRUITMENT BOARD 7TH FLOOR E.V.K. SAMPATH MALIGAI COLLEGE ROAD CHENNAI 6. 4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THE DISTRICT ELEMENTARY EDUCATION OFFICE FORT VELLORE AND DT. ..Respondents in WP 21905 and 23006/2007 https://hcservices.ecourts.gov.in/hcservices/ WP No.23006/2007: 1 C.ARUMUGHAM [ PETITIONER ] 2 V.KUMARESAN 3 K.ELAMBARATHI 4 K.KALVIKUMAR 5 E.ARULAPPAN 6 V.T. SHANTHI 7 B.HEMALATHA 8 S. ANBUKUMAR Vs 1 THE STATE OF TAMILNADU REP BY ITS SECRETARY TO GOVT. EDUCATION DEPT. FORT ST.GEORGE CHENNAI 9. 2 THE DIRECTOR TAMILNADU ELEMENTARY SCHOOL DIRECTORATE COLLEGE ROAD CHENNAI 6. 3 TEACHER RECRUITMENT BOARD 7TH FLOOR E.V.K. SAMPATH MALIGAI COLLEGE ROAD CHENNAI 6. 4 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THE DISTRICT ELEMENTARY EDUCATION OFFICE FORT VELLORE AND DT 5 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VELLORE DISTRICT 605 602 ..Respondents WP No.5380/2009: P.SHANTHI [ PETITIONER ] Vs 1 THE DIRECTOR OF ELEMENTARY [ RESPONDENT ] EDUCATION CHENNAI-6 2 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER VIRUDHUNAGAR 3 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER SIVAKASI VIRUDHUNAGAR DIST. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.27521 of 2008:- S.Gandhimathi ...Petitioner vs 1.The Director of Elementary Education, Chennai-6. 2.The District Elementary Educational Officer, Thoothukudi. 3.The Additional Assistant Elementary Educational Officer, Karungulam @ Seithunganallur Srivaikundam Taluk, Thoothukudi District. ...Respondents. W.P.No.4445/2009 & 4447/2007 C.Jeyanthi ...Petitioner in W.P.No.4445/2007 S.Vasanthi ...Petitioner inW.P.No.4447/2007 vs 1.The Director of Elementary Education, Chennai-6. 2.The District Elementary Education Officer, Trinelveli. 3.The Assistant Elementary Educational Officer, Nanguneri, Tirunelveli District. W.P.No.4446 of 2009 and W.P.No.4448 of 2009 Tmt.K.Chidamabaram ...Petitioner in W.P.No.4446/2009 V.Kausalaya Devi ...Petitioner in W.P.NO.4448/2009. vs 1.The District of Elementary Education, Chennai-6. 2.The District Elementary Educational Officer, Virudhunagar. https://hcservices.ecourts.gov.in/hcservices/ 3.The Assistant Elementary Educational Officer, Sivakasi, Virudhnagar District. ...Respondent W.P.No.25523/2007:- V.Dhanalakshmi ...Petitioner vs 1.The District of Elementary Education, Chennai -600 006. 2.The District Elementary Educational Officer, Raja Street, Coimbatore - 641 001. 3.The Additional Assistant Elementary Educational Officer, Dharmapuri Road,, Udumalpet, Coimbatore 4.Kanagasabapathy ...Respondents (R4 impleaded as per order of Court dated 31.1.2008 by NPVJ made in M.P.No.1/2008) WP.No.7169 Of 2009: T.J. Bhuvaneswari ...Petitioner Vs 1 The State Of Tamilnadu Rep. By Its Secretary To Government, Education Department, Fort St. George, Chennai 60009. 2 The Director Tamilnadu Elementary School Directorate, College Road, Chennai 600 006. 3 The Teachers Recruitment Board, E.V.K. Sampath Maligai 7th Floor, College Road, Chennai 600006. 4 The District Elementary Educational Officer, The District Elementary Education Office, Villupuram District. https://hcservices.ecourts.gov.in/hcservices/ 5 The Assistant Elementary Educational Officer The Assistant Elementary Education Office, Koliyanur Villupuram District. ...Respondents WP.No.7486 Of 2009: Charles ...Petitioner Vs 1 The State Of Tamilnadu Rep. By Its Secretary To Government , Education Department, Fort St. George, Chennai 600 009 2 The Director Tamilnadu Elementary School Directorate, College Road, Chenani 600006 3 The Teachers Recruitment Board E.V.K. Sampath Maligai 7th Floor, College Road Chennai 600006. 4 The District Elementary Educational Officer The District Elementary Educational Office, Villupuram. 5 The Assistant Elementary Educational Officer, The Assistant Elementary Education Office, Koliyanur, Villupuram District ...Respondents WP.No.5221 Of 2008: M.Malathi ...Petitioner Vs 1 The Director Of Elementary Education, E.V.K. Sampath Maligai, Chennai 600006. 2.The District Elementary Education Officer, Raja Street, Coimbatore 641 001. 3 The Assistant Elementary Educational Officer AEO Office, Pollachi South, Pollachi ...Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.No.17631 of 2009: 1 K.CHANDRA [ PETITIONER ] Vs 1 THE DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI-6. 2 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, VILLUPURAM DISTRICT VILLUPURAM. 3 THE ASST. ELEMENTARY EDUCATIONAL OFFICER, THIYAGADURGAM-606 206 VILLUPURAM DISTRICT. [ RESPONDENT ] W.P.No.7315 of 2009 1 V.JEYABHARATHI [ PETITIONER ] Vs 1 THE DIRECTOR OF ELEMENTARY EDUCATION, CHENNAI-6. 2 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, VIRUDHUNAGAR. 3 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, RAJAPALAYAM VIRUDHUNAGAR DISTRICT. [ RESPONDENT ] Prayer in W.P.No.12478 of 2008: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorari calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings No.Na.Ka.No.16170/3/2007, dated 09.04.2008 and quash the same. Prayer in W.P.No.3129 of 2008: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records in respect of the impugned order passed by the first https://hcservices.ecourts.gov.in/hcservices/ respondent in Na.Ka.No.16170/D3/2007 dated 11.6.2007 and to quash the same and consequently forbear the respondent from altering the seniority of the petitioner in the cadre of secondary grade teacher in the Pollachi South Union in pursuant to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.6.2007 and pass such further or other order. Prayer in W.P.Nos.21905/2008 and 23006/2007 Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records of the proceedings in Na.Ka.No.16170/D3/2007 dt 11.6.2007 issued by the 2nd respondent and quash the same and consequently direct the respondents to retain the state wide seniority of the Secondary Grade Teachers in Panchayat Union Elementary Schools fixed by Teachers Recruitment Board prior to the proceedings dt 11.6.2007 issued by the 2nd respondents for preparing the panel of eligible candidate for promotion as Headmasters in the Panchayat Union Elementary Schools and promote the petitioner as Head Master in the Panchayat Union Elementary Schools based on the said panel. Prayer in W.P.No.5380 of 2009: Writ Petition filed under Article 226 of the Constitution of India pleased to issue a writ of Certiorarified Mandamus, to call for the records in pursuance to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.6.2007 and to quash the same and consequently direct the respondents to restore the seniority of the petitioner in the cadre of secondary grade teacher in the Sivakasi Union without reference to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.6.2007 and effect consequential promotion to the post of Elementary School Headmistress. Prayer in WP NO.27521/2008 : Writ petition filed under article 26 of the constitution of India pleased to issue a writ of Certiorarified Mandamus to call for the records in pursuance to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007, dated 11.06.2007 and to quash the same and consequently direct the respondent to restore the seniority of the petitioner in the cadre of secondary grade teacher in the Karungulam Union, Thoothukudi District and consequently to give promotion to the petitioner based on the rank assigned by the teachers recruitment board. https://hcservices.ecourts.gov.in/hcservices/ WP Nos.4445 of 2009, 4446, 4447 and 4448 of 2009: Writ petition filed under article 26 of the constitution of India pleased to issue a writ of Certiorarified Mandamus call for records in pursuance to the impugned order passed by the 1st respondent in Na. Ka. No.16170/D3/2007, dated 11.6.2007 and to quash the same and consequently direct the respondents to restore the seniority of the petitioner in the cadre of secondary grade teacher in the Nanguneri/Sivakasi/Nanguneri/Sivakasi Union respectively without reference to the impugned order passed by the 1st responent in Na. Ka. No.16170/D3/2007, dated 11.6.2007 and effect consequential promotion to the post of Elementary School Headmistress. WP NO.25523/2007 : Writ petition filed under article 26 of the constitution of India pleased to issue a writ of Certiorarified Mandamus or any other appropriate writ, order or direction in the nature of a writ, to call for the records in pursuance to the impugend order passed by the Ist respondent in Na.Ka.No.16170/D3/2007, datede 11.6.2007 and quash the same and consequently forbear the Respondents from altering the seniority of the petitoner as on 01.01.2007, in the cadre of secondary grade Teacher in the Madathukulam Panchayat Union on 01.01.2007 issue dby the 3rd respondent on 20.03.2007 in pursuant to the impugend order pased by the Ist respondent in Na.Ka.NO.16170/D3/2007 dated 11.06.2007. Prayer in W.P.Nos.7169/2009 and 7486/2009: Writ Petition filed under Article 226 of the Constitution of India Pleased to issue a certiorarified Mandamus or any other writ order of directing calling for the records of the proceedings in Na.Ka.No. 16170/D3/2007 dated 11.06.2007 issued by the 2nd respondent and quash the same and consequently direct the respondents from retain the state Wide Seniority of the Secondary Grade Teachers in panchayat union Elementary schools fixed by the Teachers recruitment board prior to the proceedings dated 11. 06.2007 issued by the 2nd respondent for preparing the panel of eligible candidates for promotion as Head Masters inthe Panchayat union elementary school and promote the petitioners as Head Masters in the panchayat Union elementary schools based on the said panel WP. No.5221/2009:-Writ Petition filed under Article 226 of the Constitution of India pleased to issue a writ of Certiorarified Mandamus to call for the records in pursuance to the impugned order passed by the first respondent in Na.Ka.No. 16170/D3/2007 dated 11. 06.2007 and to quash the same and consequently forber the https://hcservices.ecourts.gov.in/hcservices/ respondent from altering the seniority of the petitioner in the cadre of secondary grade teacher in the pollachi south union in pursuant to the impugned order passed by the first respondent in Na.Ka.No. 16170 /D3/2007 dated 11-06-2007 and pass such further or other order. W.P.No.17631/2009: Writ Petition filed under Article 226 of the Constitution of India Praying to issue a writ of certiorarified Mandamus to calling for the records pertaining to the order of the first respondent in Na.Ka.No.16170/D3/2007 dated 11.06.2007 and quash the same consequently direct the respondents to grant seniority to the petitioner in the cadre of Secondary Grade Teacher the Thiyagadurgam Union, Villupuram District on the basis of the rank assigned by the Teachers Recruitment Board and consequently promote the petitioner as Elementary School, Head Master & Middle School Head Master on par with his juniors with all consequential benefits. Prayer in WP.No.7315/2009 : Petition praying under under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other appropriate Writ, to call for the records in pursuance to the impugned order passed by the s1st respondent in Na.Ka.No.16170/D3/2007 dated 11.06.2007 and to quash the same and consequently direct the respondents to restore the seniority of the petitioner in the cadre of Secondary Grade Teacher in the Rajapalayam Union without reference to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.06.2007 and effect consequential promotion to the post of Elementary School Headmaster and pass such further or other orders. For Petitioner : Mr.C.Prakasam in WP.12478/2008 Mr.G.Ponnambala Thiyagarajan in WP.3129/08 & 5221/09 Mr.A.Paranthaman in WP.21905/08 Mr.Gladys Daniel in WP.23006/07 Mr.K.Shanmugam in WP.Nos.5380/09, 27521/08 & 7315/09 Mr.S.Kadarkarai in WP.Nos.4445 to 4448/09 Mr.P.Mthukrishnan in WP.25523/07 Mr.A.Ramesh in WP.No.7169/09 Mr.S.Srinath in WP.No.7486/09 Mr.M.Hidayathulla Khan in WP.No.17631/09 For Respondents : Mr.G.Sankaran, Special Govt., Pleader (in all WPs.) https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E R In all these writ petitions, the challenge is to the proceedings of the first respondent dated 11.06.2007 in Na.Ka.No.16170/D3/2007. The very same impugned order came up for consideration in W.P.No.22326 of 2007. By order dated 10.04.2008, the correctness of the above impugned order was examined and in paragraph No.6 and 7 of the said order, it has been held as under: "6. In the case of the petitioner though the initial appointment of the petitioner was in her native district of Tirunelveli but in a different Panchayat Union viz., Sanikaran Koil Panchayat Union and for the first time she has got a transfer to different union of the very same district viz., Vasudevanallur Union, having regard to the provisions contained in G.O.Ms.No.388, dated 19.06.1996 and also the proceedings of the first respondent dated 10.03.2000 and 4.10.2001, such a transfer will not in any way affect the retention of her original seniority that was assigned to her in the selection of the year 1995 by the Teachers Recruitment Board. When the said position can be thus clarified the impugned proceedings shall not in any way affect the right of the petitioner for retention of such seniority originally assigned to her. 7. As the petitioner's right for retention of her seniority is thus declared by applying the above referred two proceedings, the impugned proceedings dated 11.06.2007 cannot be applied to the case of the petitioner. The writ petitioner is therefore allowed and the Impugned proceedings are hereby set aside in so far as the petitioner is concerned. Connected M.Ps. are closed." 2. The said order was subsequently followed in another batch of writ petitions connected with W.P.Nos.21960 of 2007 etc. dated 07.11.2008. Following the above referred two orders and since the challenge is to the very same impugned order, the declaration made in W.P.No.22326 of 2007 dated 10.04.2008 shall hold good and the very same relief granted in paragraph Nos.6 and 7 are extended to the case of the petitioners in the present writ petitions. These writ petitions therefore, stand allowed and the impugned proceedings are hereby set aside in so far as the petitioners are concerned. It is needless to state that in order to avail the benefit granted in the above earlier orders, the petitioners will https://hcservices.ecourts.gov.in/hcservices/ have to satisfy the conditions stipulated in G.O.Ms.No.388 dated 19.06.1996 and the authority will be competent to pass orders on fulfillment of the conditions stipulated therein and in accordance with the earlier orders of this Court referred to above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. To 1. The Director of Elementary Education College Road, Chennai 600 006. 2. The District Elementary Educational Officer Salem District Salem. 3. The Addl. Assistant Elementary Educational Officer Mecheri Block Mecheri, Mettur Taluk Salem District. 4. THE SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT STATE OF TAMILNADU, FORT ST. GEORGE, CHENNAI-8. 5. TEACHER RECRUITMENT BOARD 7TH FLOOR E.V.K. SAMPATH MALIGAI COLLEGE ROAD CHENNAI 6. 6. THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER THE DISTRICT ELEMENTARY EDUCATION OFFICE FORT VELLORE AND DT. 7. THE DISTRICT ELEMENTARY EDUCATION OFFICER VILLUPURAM DISTRICT. 605 602 https://hcservices.ecourts.gov.in/hcservices/ 8. THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER SIVAKASI, VIRUDHUNAGAR 9. THE DIRECTOR OF ELEMENTARY EDUCATIO CHENNAI 6 10.The District Elementary Educational Officer, Thoothukudi. 11.The Additional Assistant Elementary Educational Officer, Karungulam @ Seithunganallur Srivaikundam Taluk, Thoothukudi District. 12.The District Elementary Education Officer, Trinelveli. 13.The Assistant Elementary Educational Officer, Nanguneri, Tirunelveli District. 14.The District Elementary Educational Officer, Virudhunagar. 15.The District Elementary Educational Officer, Raja Street, Coimbatore - 641 001. 16.The Additional Assistant Elementary Educational Officer, Dharmapuri Road,, Udumalpet, Coimbatore 17. The Assistant Elementary Educational Officer The Assistant Elementary Education Office, Koliyanur Villupuram District. 18. The Assistant Elementary Educational Officer AEO Office, Pollachi South, Pollachi 19. THE ASST. ELEMENTARY EDUCATIONAL OFFICER, THIYAGADURGAM-606 206 VILLUPURAM DISTRICT. https://hcservices.ecourts.gov.in/hcservices/ 20. THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, RAJAPALAYAM VIRUDHUNAGAR DISTRICT. 1 cc to Mr.C. Prakasam, Advocate, Sr. 75280 2 ccs to Mr.G. Ponambala thiyararajan, Advocate, Sr. 75469 75468 1 cc to MS. C. Uma, Advocate, Sr. 74816 1 cc to Sai Bharath and Ilan, Advocate, Sr. 74957 1 cc to Mr.M. Hidayathullakhan, Advocate, Sr. 75189 1 cc to Government Pleader, Sr. 75169 W.P.Nos.12478, 3129, 21905, 27521 of 2008 W.P.No.23006, 25523 of 2007 W.P.Nos.5380, 4445 to 4448 7169, 7486, 5221, 17631 and 7315 of 2009 SJ (CO) kk ,km,sr,tp,eu,rh , rvl 24/11 https://hcservices.ecourts.gov.in/hcservices/