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Madras High CourtWP/22278/2011dismissed

David Wilson, v. The Principal Secretary And

2024-02-12Honourable Mr Justice G. Chandrasekharan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and M.P.Nos.01 & 02 of 2011 David Wilson ....Petitioner Vs

1. The Principal Secretary and State Commissioner for Differently Abled, 15/2 Model School Road, Thousand Lights, Chennai -6.

2. The Secretary to Government, Welfare of Differently Abled Persons ( DAP 1(1) Department, Fort St George, Chennai 9.

3. K.Vijayakumari, Head Master, Government Higher Secondary School for Blind, Trichy -17.

4.S.Perumal, Principal, Government Higher Secondary School for Differently Abled, Poonamallee, Chennai ....Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records

of the 2nd respondents in connection with the impugned order passed in G.O.Ms.No.31, Welfare of Differently Abled Persons (DAP 1(1)) Department dated 07.09.2011 and quash the same and further direct the respondents to consider the claim of the petitioner for promotion to the post of Principal, Government Higher Secondary School for Blind, Poonamallee and promote him as Principal and grant him all consequential service and monetary benefits.

For Petitioners : Mr.K.Venkataraman (Senior Counsel) for Mr.M.Muthappan For R1 & R2 : Mr.D.Gopal Government Advocate

O R D E R

This Writ Petition has been filed to call for the records of the 2nd respondents in connection with the impugned order passed in G.O.Ms.No.31, Welfare of Differently Abled Persons (DAP 1(1)) Department dated 07.09.2011 and quash the same and further direct the respondents to consider the claim of the petitioner for promotion to the post of Principal, Government Higher Secondary School for Blind, Poonamallee and promote him as Principal and grant him all consequential service and monetary benefits.

2. It is the submission of the learned counsel for the petitioner that petitioner was appointed as B.T Assistant (Science) in the Blind School on 13.09.1989. Petitioner acquired his P.G qualification in Political Science, Sociology and English in the year 1992, 1987 and 2001 respectively. Petitioner acquired his Masters Degree in Education in December 1988 and he was transferred as Lecturer in the Regional Teachers Training School for the teachers of the Blind on 31.05.1994. Petitioner was promoted as P.G Assistant from 06.07.2006. He was put in-charge of the Principal of the Government Higher Secondary School for Blind, Poonamallee, Chennai 56 by the orders of the 1st respondent in proceedings No.8618/SS-1/2008 dated 25.05.2009. Now, petitioner has been serving as P.

G Assistant, Government Higher Secondary School for Blind, Trichy from 15.07.2011 because of the fact that the petitioner has sought for promotion as regular Principal of the Government Higher Secondary School for Blind, Poonamalleee, Chennai -56. It is his further submission that, 3rd & 4th respondent are juniors to petitioner and they have been promoted as P.G Assistant and then as a Principal without following the rules. In the said circumstances, this Writ Petition is filed.

3. In reply, the learned Government Advocate appearing for R1 & R2 submitted that, in the seniority list issued for the year 2002 to 2003, petitioner's name is found in S.No.03. However, petitioner has not cleared Departmental Exam required for further promotion. Petitioner in his affidavit stated that, he became eligible for promotion as Headmaster in the year 2005. However, since, there were other teachers senior to the petitioner were available for the promotion to the post of Headmaster, petitioner was promoted to the post of P.G Assistant in the year 2006. Respondents 3 & 4 were appointed 4 years and 11 years ahead of petitioner's appointment as P.G Assistant. Therefore, petitioner's claim that he is senior to 3rd & 4th respondents is unfounded.

It is his further submission that, respondents 3 & 4 had retired from their service on attaining the age superannuation. Hence, he submitted that, nothing survives in this Writ Petition. He produced letter from Assistant Director ( Administration), Director for Welfare of the Differently Abled to The Government Pleader's Office, furnishing all these details.

4. Considered the rival submissions and perused the records. It is pertinent to refer to the service details of the petitioner and the 3rd & 4th

respondents given in the Tabular Form in R.O.C.No.442/Ad.1/2024 dated 09.02.2024 and the same is extracted hereunder: Petitioner - David Wilson 3rd Respondent - Vijayakumari 4th Respondent - Perumal Date of Birth 13.04.1956 26.05.1960 04.02.1955 - - 15.06.1987 Date of appointment as Secondary Grade Teacher Date of appointment as B.T Assistant 13.09.1989 26.10.1989 - Date of appointment as PG Assistant 06.07.2006 03.12.2002 24.03.1995 - 18.11.2005 - Date of appointment as Principal/ Headmaster in High School - 14.09.2011 07.09.2011 Date of appointment as Principal/ Headmaster in Higher Secondary School Date of retirement 30.04.2014 31.05.2018 02.04.2013 This tabular column indicates that, though petitioner was appointed as B.T.Assistant on 13.09.1989, since, he had no requisite qualification of clearing departmental examination, he was appointed as P.G Assistant only on 06.07.2006, where as the 3rd Respondent was appointed as P.G. Assistant on 03.12.2002 and 4th respondent was appointed on 24.03.1995. 3rd respondent was appointed as Principal / Head Master in High School on

18.11.2005 and Principal/Headmaster in Higher Secondary School on 14.09.2011 and 4th respondent was appointed as Principal/ Headmaster on 07.09.2011.

5. From this detail given above, it is clear that, petitioner was promoted as P.G Assistant only on 06.07.2006, much later than the respondents 3 & 4 and that was the reason why he was not considered for the post for Principal /Headmaster in the High School and Higher Secondary School. Now petitioner, respondents 3 & 4 had retired from service on attaining the age superannuation.

6. In view of the aforesaid facts, this Court finds no merits in this petition to entertain the claim of the petitioner. Accordingly, this Writ Petition is dismissed. Parties are directed to bear their own costs. Consequently connected miscellaneous petitions are closed. 12.02.2024 Index :Yes/No Internet:Yes/No Sma

To

1. The Principal Secretary and State Commissioner for Differently Abled, 15/2 Model School Road, Thousand Lights, Chennai -6.

2. The Secretary to Government, Welfare of Differently Abled Persons ( DAP 1(1) Department, Fort St George, Chennai 9.

G.CHANDRASEKHARAN, J Sma 12.02.2024