TAMILNADU HIGHER SECONDARY SCHOOL VOCATIONAL TEACHERS KAZHAGAM REG NO.240/05

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COPY RIGHT : TAMILNADU HR.SEC.SCHOOL VOCATIONAL TEACEHRS KAZHAGAM REG. NO.240/95

Madras High Court

K.Marudhupandiyan vs The Secretary To Government on 25 April, 2012

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 25/04/2012

CORAM

THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN

Writ Petition (MD) No.8314 of 2010

and

M.P(MD)No.3 of 2011

1.K.Marudhupandiyan

2.U.Raja

3.M.Palanisamy

4.P.Sethuraman

5.C.Vairavan

6.M.Esakkimuthu

7.S.R.Balasubramanian

8.K.S.Muniyasamy

9.V.Duraipandian

10.V.Ramar                                         .. Petitioners

Versus

1.The Secretary to Government,

 

Department of Education,

 

Secretariat,

 

Fort. St. George, Chennai - 9.

 

2.The Director of School Education,

 

College Road, Chennai.                      .. Respondents

 

 

 

Prayer

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for records relating to the impugned seniority list published by the 2nd respondent in the website on 22.04.2010 for the promotion to the post of High School Headmaster as on 01.01.2010 and in consequential impugned order of rejection passed by the 2nd respondent in his proceedings in Na.Ka.No.29388/C1/E1/2010 dated 12.04.2010 and quash the same and further direct the respondents to promote the petitioners to the post of High School Head Masters by including the petitioners names in the seniority list on par with B.T. Assistants and Tamil Pandits.

!For petitioner ... Mr.Prahalad Ravi ^For respondents ... Mr.R.Anandaraj Govt. Advocate

:ORDER

The petitioners are Vocational Instructors employed in the High School. According to them, they are eligible to be considered for the post of Headmaster in the High School, pursuant to the G.O.Ms.No.185, School Education Department, dated 25.08.2008. However, their names were not considered and included in the panel of Teachers, who are fit for promotion to the post of Headmaster. Hence, they made a representation and the same was rejected by the impugned order dated 12.04.2010 by the second respondent.

2.The second respondent filed a counter affidavit and refuted the allegations.

3.Heard both sides.

4.The learned counsel appearing for the petitioners relied on a decision of Hon'ble Principal Bench of this Court, in W.P.No.11877 of 2009, dated 28.02.2011. According to him, the Judgment squarely applies to the facts of the case.

5.I have perused the said Judgment. Paragraphs 9 and 10 of the Judgment are extracted hereunder:-

"9.The stand taken by the respondents to oppose the petition cannot be accepted, for the reason that the Government, vide G.O.Ms.No.185 dated 25.05.2008, on recommendation of the Director of School Education, decided to treat the vocational Instructors, who fulfilled the necessary qualification on par with B.T. Assistants, for being empanelled, for further promotion to the post of Headmasters/ Headmistress. In view of G.O.Ms.No.185, it is not open to deny the right of consideration for further promotion to Vocational Instructors, possessing requisite qualification, in pursuance to their equality with B.T. Assistants. The denial of right of consideration for promotion to the post of Head Masters / Head Mistress is thus hit by Articles 14 and 16 of the Constitution.

10.The writ petition is disposed off, with a direction to the respondents, to consider the case of the eligible Vocational Instructors in commerce and business for empanelment for the post of Headmasters/ Headmistress, in accordance with rules, subject to their fulfilling qualification. No costs. Consequently, connected miscellaneous petition is closed. "

 

 

6.In view of the above said judgment, the writ petition is allowed and the impugned order is quashed and the second respondent is directed to consider the claim of the petitioners for the promotion to the post of Headmaster in the light of the Judgment in W.P.No.11877 of 2009 dated 28.02.2011 and to pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

skn

 

To

1.The Secretary to Government,

Department of Education,

Secretariat,

Fort. St. George,

Chennai - 9.

 

2.The Director of School Education,

College Road,


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