D.Kannan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-02-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
1. D.Kannan Headmaster, Government Adi Dravidar Welfare High School, Idayankulam 626 110 Virudhunagar District.
2. V.Premilakumari Headmaster, Government Adi Dravidar Welfare High School, Melottivakkam, Kanchipuram 631 502
3. N.Sachudanandam Headmaster, Government Adi Dravidar Welfare High School, Ammanangkuppam, Vellore District 635 803
4. R.Sampath Headmaster, Government Adi Dravidar Welfare High School, Chennakuppam Kancheepuram 602 118
5. P.Arulmurugan Headmaster, Government Adi Dravidar Welfare High School, Mavathur, Karu 621 311
..Petitioner(s) Vs
1. The State of Tamil Nadu Rep. by its Principal Secretary, Adi Dravidar Welfare Department, Fort St. George, Chennai-600 009
2. The Commissioner Adi Dravidar Welfare Department, Chepauk, Chennai-600 005 ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider the objections of the petitioners dated 09.02.2026 to the panel prepared on 05.02.2026 by the 2nd respondent for promotion to the post of Higher Secondary Headmaster as on 1.1.2025 and consequently restrain the respondents from effecting any promotions without considering the objections of the petitioners.
For Petitioner(s):
M/s.S.Suneetha For Respondent(s):
Mr.P.Balathandayutham Special Government Pleader
ORDER
This petition has been filed directing the respondents herein to consider the objections submitted by the petitioners dated 09.02.2026 to the panel prepared on 05.02.2026 by the 2nd respondent for promotion to the post of Higher Secondary Headmaster as on 1.1.2025, and consequently to restrain the respondents from effecting any promotions without considering the objections of the petitioners.
2.The case of the petitioners is that the petitioners 1 & 2 were appointed as Secondary Grade Teachers and were subsequently promoted as BT Assistants, (P.G) and thereafter, as High School Headmasters. The petitioners 3 to 5 were appointed as B.T Assistant (PG) and later promoted as High School Headmaster. Under Adi Dravidar Welfare Department, there are about 1138 schools, including Elementary High and Higher Secondary Schools. The teaching posts in the Department include Secondary Grade Teachers/ Warden, B.T Assistant / Warden, Assistant Elementary Educational Officers, Middle School Headmasters, PG Assistants, High School Headmaster and Higher Secondary Headmasters and Elementary School Headmaster. The Department is not divided into two separate units for Elementary and High Schools. There is only one Directorate under the control of the 2nd respondent, the Commissioner
and all schools functions as s single unit. An individual promoted as P.G Assistant is eligible for further promotion to the post of Higher Secondary Headmaster. For the post of High School Headmaster, the feeder category is School Assistant / B.T Assistant. Under Section 12 f the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, a person appointed to another service is entitled to be considered for promotion in the original service by reckoning seniority in the regular line of appointment. Hence, the petitioner is eligible to be considered for promotion to the post of High School Headmaster by reckoning his seniority as B.T Assistant, even if he is presently holding the post of P.G Assistant.
2.1. The service rules governing the teachers in Government Schools are distinct from those applicable to teachers in Adi Dravidar Welfare Schools. In the respondent Department, there is only one unified Directorate. However, in Government Schools, the administration is divided between the Directorate of Elementary Education and Directorate of School Education. Under the peculiar circumstances prevailing in the School Education Department with respect to Government Schools, the Hon'ble Division Bench held that a B.T Assistant, upon being appointed as PG Assistant cannot be considered for appointment to the post of High School Headmaster. In the present case, when the panel as on 1.1.2025 was prepared, the respondents did not consider the names of the petitioners on the ground that they were holding the post of P.G Assistant,
relying upon the judgment of the Hon'ble Division Bench in W.A (MD) No.1468 of 2017 and consequently excluded their names from the panel. It is the specific case of the petitioners that the said judgment has no application to the respondent Department. There is no litigation pending nor any order of the Hon'ble Court restraining consideration of the petitioners' names. The petitioners have submitted a detailed objections against the exclusion of their names from the panel. However, till date, no orders have been passed on their objections, and the respondents are attempting to promote the juniors of the petitioners. Hence the present writ petition has been filed.
3. The learned counsel for the petitioners would submit that it would suffice, if a direction is issued to the respondents to consider the petitioners' objections dated 09.02.2026, within a reasonable time to be fixed by this Court. 4.The learned Special Government Pleader appearing for the respondents would submit that the orders have already been passed in respect of the 1st petitioner, and that in respect of the other petitioners, orders will be passed within a period of six weeks from the date of receipt of a copy of this order.
5.Considering the limited request made by the learned counsel for the petitioner and without expressing any opinion on the merits of the case, this Court, directs the 2nd respondent to consider the objections of the petitioners 2 to 5 dated 09.02.2026, and to pass appropriate orders on merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition stand disposed of. No costs. 25-02-2026 Index: Yes/No (2/2) Speaking/Non-speaking order UMA
To
1. The Principal Secretary, Adi Dravidar Welfare Department, Fort St. George, Chennai-600 009
2. The Commissioner Adi Dravidar Welfare Department, Chepauk, Chennai-600 005
M.DHANDAPANI, J.
UMA (2/2) 25-02-2026