IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.10.2010 CORAM: THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.42235 of 2006 O.A.NO.5706 OF 2000 P.Rajakannan ... Petitioner Versus 1. The Director of Elementary Education, Chennai – 6. 2. The District Elementary Educational Officer, Trichy. 3. The Additional Assistant Elementary Educational Officer, Uppiliyapuram, Trichy District. ... Respondents PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.5706 of 2000 from the file of Tamil Nadu Administrative Tribunal with a prayer, to call for the records pertaining to the order passed by the third respondent in his proceedings Na.Ka.No.146/A1/2000 dated 19.04.2000 and set-aside the same, and direct the respondents to include the name of the petitioner for the post Headmaster of Middle School for the year 2000-2001 and further direct the respondents to promote the petitioner as Headmaster of Middle School. For Petitioner : Mr.P.Ganesan For Respondents : Ms.C.Devi Government Advocate - - - O R D E R The petitioner joined as a Secondary Grade Teacher in the year 1981 at Uppiliyapuram Panchayat Union in Trichy District. Thereafter, he acquired B.A in Tamil Literature. Based on the said qualification, he was promoted as Tamil Pandit on 02.07.1993 in the cadre of School Assistant. The cadre of B.T. Assistants and the School Assistants are granted the same scale of pay. https://hcservices.ecourts.gov.in/hcservices/ 2. While the petitioner was working as Tamil Pandit in a Middle School, it was upgraded as High School in December 1996. The teachers in High Schools belong to different service. The petitioner opted to remain in Panchayat service. Hence, he was posted in a Middle School in Uppiliyapuram Panchayat Union as a Secondary Grade Teacher with pay protection. 3. While so, a vacancy in Tamil Pandit arose in the Panchayat Union on 13.12.1999. He made a representation to the second respondent on 09.12.1999 to post him at the vacancy as he already served as Tamil Pandit from 02.07.1993 and he was given pay protection for the post of Tamil Pandit. No order was passed by the second respondent. Hence, he made an appeal dated 29.12.1999 to the first respondent. The first respondent passed an order dated 30.12.1999 directing the second respondent to pass appropriate order. Based on the order of the first respondent, the second respondent passed an order dated 21.03.2000 posting him as Tamil Pandit in the Panchayat Union Middle School at P.Mettur in Uppiliyapuram Panchayat Union. 4. The third respondent preferred a panel dated 29.03.2000 for promotion to the post of Middle School Headmasters. The petitioner was not included in the panel, while his juniors were included. He made a representation dated 10.04.2000 to include his name at an appropriate place. 5. The third respondent passed the impugned order dated 19.04.2000 stating that the petitioner served only as a Secondary Grade Teacher when the panel was prepared and therefore he was not included. 6. In these circumstances, the petitioner has filed the Original Application in O.A.No.5706 of 2000 (W.P.No.42235 of 2006) to quash the aforesaid order dated 19.04.2000 of the third respondent and for a direction to the respondents to include his name for the post of Headmaster of Middle School for the year 2000-2001 and to promote him as Headmaster with all benefits. 7. Heard Mr.P.Ganesan, learned counsel for the petitioner and Ms.C.Devi, learned Government Advocate for the respondents. 8. The learned Government Advocate made her submissions based on oral instructions. The respondents have not filed counter affidavit. 9. It is not in dispute that the petitioner was promoted as Tamil Pandit on 02.07.1993 based on his qualification. But the school where he served was upgraded as High School in December 1996. The Teachers in High School belong to different service. The petitioner opted to continue in the same Panchayat service. He was posted in Middle School in the same Panchayat Union as a Secondary Grade Teacher as there was no vacancy in the cadre of Tamil Pandit. https://hcservices.ecourts.gov.in/hcservices/ Accordingly, he worked as Secondary Grade Teacher. But, he was granted pay protection. That is, while he worked as a Secondary Grade Teacher, he was granted the scale of Tamil Pandit. The pay protection was given since his posting as Secondary Grade Teacher was not due to his fault, but due to upgradation of the High School, as stated above. 10. A vacancy arose in the post of Tamil Pandit due to the retirement of a Tamil Pandit on 13.12.1999, in the said Panchayat Union. He made a representation dated 09.12.1999 to the second respondent to post him to the said place. No order was passed. Accordingly, he made an appeal to the first respondent on 29.12.1999. The first respondent directed the second respondent to pass an appropriate order. 11. In these circumstances, the second respondent passed an order dated 21.03.2000 appointing the petitioner as Tamil Pandit in Panchayat Middle School at P.Mettur in Uppiliyapuram Panchayat Union School. 12. The third respondent prepared a panel dated 29.03.2000 for the year 2000-2001 for promotion to the post of Middle School Headmasters in Uppiliyapuram Panchayat Union. The panel contains two teachers. The first person is one Mr.Singaram, who was a Headmaster in a Primary School from 30.06.1997. The other person is one Mr.Govindan, who was B.T.Assistant from 04.07.1997. The feeder category to the post of Middle School Headmaster is the Primary School Headmasters, B.T.Assistants and Tamil Pandits and qualified Secondary Grade Teachers. If the appointment of the petitioner as Tamil Pandit from 02.07.1993 is taken into account, he should have been included in the panel. In fact, he should rank No.1 in the panel. But the petitioner was not considered for the same. Even otherwise, as on 29.03.2000 , he was holding the post of Tamil Pandit, the date of issuance of the panel. Hence, he should have been included in the panel. 13. But the third respondent passed the impugned order that as on the date of issuance of panel, the petitioner was a Secondary Grade Teacher. In any event, as stated above, the petitioner was a Tamil Pandit from 02.07.1993. He was again appointed as Tamil Pandit by an order dated 21.03.2000 in the vacancy that was arose on 13.12.1999. 14. For all the aforesaid reasons, the petitioner is entitled to be included in the panel. Accordingly, the impugned order is quashed and a direction is issued to the respondents to include the petitioner in the panel for promotion to the post of Middle School Headmaster for the year 2000-2001 and to place him at an appropriate place and also to promote him as Middle School Headmaster with notional benefits. The respondents are further directed to complete the exercises within a period of 12 weeks from https://hcservices.ecourts.gov.in/hcservices/ the date of receipt of a copy of this order. 15. The writ petition is allowed on the above terms. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar r n s To 1. The Director of Elementary Education, Chennai – 6. 2. The District Elementary Educational Officer, Trichy. 3. The Additional Assistant Elementary Educational Officer, Uppiliyapuram, Trichy District. + one C.C. To Government Pleader SR.NO.76509 W.P.No.42235 of 2006 PVR[CO] https://hcservices.ecourts.gov.in/hcservices/