C.Masilamani, v. The Director Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.9630 of 2012 C.Masilamani ....
Petitioner Vs
1. Director of School Education, Chennai - 6.
2. Chief Educational Officer, Villupuram, Villupuram District.
3. Registrar, University of Madras, Chennai - 5.
....
Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents to promote the petitioner as Tamil Pandit as per the panel drawn by the 2nd respondent in his proceedings Na.Ka.No.20466/Aa2/2010 dated 04.08.2011 and confer all the consequential benefits to the petitioner. For Petitioner : Mr.V.Sivalingam for M/s.C.S.Associates For R1 & R2 : Mr.L.S.M.Hasan Fizal, Additional Government Pleader 1/5
ORDER
This Writ Petition has been filed for direction directing the second respondent to include the petitioner's name in the panel for promotion to the post of Tamil Pandit.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 & 2 and perused the materials available on record.
3. The petitioner had passed old SSLC in the year 1973. Thereafter, he joined in B.Lit (Tamil) Course. He completed B.Lit in the year 1982 to 1986. Subsequently, he acquired the qualification of Diploma in Teacher Education. He was appointed as Secondary Grade Assistant through Employment Exchange on 07.01.1985. While being so, the panel for promotion to the post of Tamil Pandit was drawn from the Secondary Grade Assistants and the petitioner was promoted as Tamil Pandit on 07.08.2000. His name was included in the panel to the post of Tamil Pandit. However, due to personal reason, he was compelled to relinquish his promotion. When his turn came after three years from the 2/5
date of his relinquishment, before including in the panel for the post of Tamil Pandit, his name was not included. Therefore, the petitioner submitted a representation and he was orally informed that G.O.Ms.No.107, Personnel & Administrative Reforms Department, dated 18.08.2009, a person who has got degree after undergoing 10+2+3 alone is eligible to the promotion.
4. As far as the petitioner is concerned, he passed old SSLC in the year 1973. Thereafter, he joined B.Lit in the Academic Year 19821986. The Higher Secondary System was introduced from 01.06.1978. The eligibility for a degree as per the University Grants Commission Regulation came to be introduced making the eligibility duration for admission to 3 years degree course as 12 years schooling viz., +2. As per G.O.Ms.No.242, dated 18.12.2012, declared that the old SSLC is equivalent to +2. Therefore, the petitioner is also eligible to be included in the panel for promotion to the post of Tamil Pandit.
5. Considering the above, the respondents are directed to 3/5
consider the petitioner for his notional promotion to the post of Tamil Pandit as per the panel drawn by the second respondent dated 04.08.2011 and pass orders within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. 26.09.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order Lpp To
1. Director of School Education, Chennai - 6.
2. Chief Educational Officer, Villupuram, Villupuram District.
3. Registrar, University of Madras, Chennai - 5.
G.K.ILANTHIRAIYAN, J.
Lpp 4/5
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