S. Gokulakrishnan v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.4690 of 2012 S.Gokulakrishnan ... Petitioner Vs.

1.The Director of School Education, DPI Campus, College Road, Chennai 600 006 2.The Joint Director of School Education, DPI Campus, College Road, Chennai 600 006 3.The Chief Educational Officer, Thiruvallur, Thiruvallur District ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents herein to include the petitioner's name in the seniority list for the promotion panels to the posts of P.G.Assistant and High School Head Masters by taking into her service period from the date of his appointment as B.T.Assistant instead of the date of absorption to the Directorate of School Education.

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For Petitioner in all WP's : M/s.Gajalakshmi Rajendran For Respondents in WP.Nos.4690 to : Mr.K.H.Ravikumar, Government Advocate For Respondents in WP.Nos.5827 to : Mr.M.Muthusamy, Government Advocate COMMON ORDER These writ petitions have been filed for direction to the respondents to include the petitioners' names in the seniority list for promotion panels to the post of P.G. Assistant and High School Headmasters by taking into their service period from the date of appointment as B.T.Assistant instead of the date of absorption to the Directorate of School Education.

2.

Heard, the learned counsel appearing on either side. 2/6

3.

All the petitioners were initially appointed as Secondary Grade Teacher and thereafter promoted to the post of B.T.Assistant. However, while they were promoted to the post of B.T.Assistant, they were placed as behind their juniors. All the teachers were appointed as Graduate Teacher in Middle School in the Department of Elementary Education. They have been absorbed as B.T.Assistant in the Directorate of School Education on declaration of willingness accepting that they will be placed as junior in the seniority list below the candidates those who have been already working as B.T.Assistant in the Department of School Education. Therefore, they cannot claim as a matter of right to consider the date of initial appointment as B.T.Assistant working in the Department of Elementary Education to include their names in the panel for promotion.

4.

In a similar matter, the learned Single Bench of this Court already dealt with and allowed the writ petition. Aggrieved by the same, the respondents filed appeals and all the appeals were allowed by this Court by an order dated 18.06.2019 in a batch of writ appeals in 3/6

WA.Nos.1211 & 1213 of 2019 and etc, batch. Therefore, all the writ petitions are devoid of merits and the prayer sought for in these writ petitions cannot be considered.

5.

Accordingly, all the writ petitions are dismissed. There shall be no order as to costs.

17.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 4/6

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G.K.ILANTHIRAIYAN, J.

lok To 1.The Director of School Education, DPI Campus, College Road, Chennai 600 006 2.The Joint Director of School Education, DPI Campus, College Road, Chennai 600 006 3.The Chief Educational Officer, Thiruvallur, Thiruvallur District

4. The Government Advoate, High Court, Madras.

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