Madras High CourtWP/11376/2013disposed of

A.Swaminathan v. The Secretary To Government

2020-02-12Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.02.2020 Coram THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.11376, 11377, 11378 and 11379 of 2013 and M.P.No.1+1+1+1 of 2013 and M.P.No.2 of 2013 A.Swaminathan ... Petitioner in w.P.No.11376 of 2013 G.Natarajan ... Petitioner in W.P.No.11377 of 2013 R.Nurullah ... Petitioner in W.P.No.11378 of 2013 R.Saraswathi ... Petitioner in W.P.No.11379 of 2013 Vs.

1. The Secretary to Government, School Education Department, fort St. George, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3. The District Elementary Educational Officer, Vellore District, Vellore.

4. The Assistant Elementary Educational Officer, Jolarpet Block, Vellore District.

.... Respondents 1 to 4 in all writ petitions

5. M.Girija .... 5th respondent in W.P.No.11379 of 2013 Prayer in W.P.No.11376 of 2013:

This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus or any other appropriate writ, order or direction in the nature of writ of certiorarified mandamus calling for the proceedings of the 4th respondent in Combined Seniority List for the Post of Middle School Head Master as on 01.01.2012 and quash the same consequently, direct the respondents to include the petitioner's name above Mrs.S.Lilly and below M.Amsaveni and promote the petitioner as Middle School Head Master in Panchayat Union Middle Schools in Jolarpet Block on par with his junior Mr.D.Mohan and grant all attendant benefits.

Prayer in W.P.No.11377 of 2013:

Prayer in W.P.No.11378 of 2013:

Prayer in W.P.No.11379 of 2013:

This writ petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of writ of mandamus directing the 3rd and 4th respondents to promote the petitioner as Middle School Head Master in the Panchayat Union Middle Schools, Jolarpet Block with all attendant benefits on par with the petitioner's junior Mrs.M.Girija, the 5th respondent herein. For Petitioner : Mr.S.Thirumavalavan For Respondents : Ms.P.Kavitha, Govt. Advocate (for R1 to R4) in all writ petitions No appearance for R5 in W.P.No.11379 of 2013 COMMON ORDER All the petitions have been filed seeking direction to the 3rd and 4th respondents to promote the petitioners as B.T. Assistant or Middile School Headmaster on par with their juniors.

2. The learned Government Advocate submitted that as per the Government Order in G.O.No.165 (School Education 3(1) Department) dated 15.10.2014, it was decided that the Diploma in Teacher Training is equvalent to the Higher Secondary Examination. She further submitted that, subsequent to the above said government order, the petitioners were promoted as B.T. Assistant and hence, nothing survives for further adjudication in these writ petitions. The above said government order also before this court.

3. Inview of the above said submissions made by the learned Government Advocate and also in the light of the above said government order, all the writ petitions in W.P.No.11376 to 11379 of 2013 are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar mst To

1. The Secretary to Government, School Education Department, fort St. George, Chennai 600 009.

2. The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

3. The District Elementary Educational Officer, Vellore District, Vellore.

4. The Assistant Elementary Educational Officer, Jolarpet Block, Vellore District.

+1 cc to Government Pleader sr12419 W.P.No.11376 to 11379 of 2013 pvs(co) aa19/03/2020