Selvarajan M v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2024 CORAM :
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.No.15799 of 2021 1.M.Selvarajan 2.M.Subramani 3.R.Saravanan 4.R.Anbu 5.M.Ganesan 6.G.Rosita Rexalin 7.J.R.Srinivasan 8.S.Soundararajan 9.A.Kasinathan 10.C.Thaiyalnayaki 11.L.Raveendra Kumar 12.D.Vijayalakshmi 13.P.Venkatesan 14.L.S.Churchil Chinnaiah 15.V.Murugalakshmi 16.M.Janaki 17.K.Gayathri 18.J.Indumathi 19.P.Mageshwari 20.T.Ganesan 21.R.Padmavathy 22.R.K.Merlin Rajini 23.N.Deepa 24.K.C.Janani 25.P.S.Thyagarajan 26.R.Umagowri Page No. 1 of 8
27.B.Raveendiran 28.S.Deepa 29.K.Sekar 30.M.Kanagasabapathy 31.K.Sulochana 32.K.Sutha 33.P.Mariammal Paramasivan 34.G.Gnanaprathayini 35.S.Uma Maheswari 36.S.Sumathi 37.A.Rameshkumar 38.V.Anitha 39.R.Aruna 40.G.Mathavaraj 41.M.Thangadurai 42.C.Vijayalakshmi 43.N.Somasundaram 44.P.Nagalakshmi 45.S.Malarselvi 46.R.Megala 47.M.Kavitha 48.E.Shakunthala 49.R.Hemavathi 50.V.Thenmozhi 51.M.Nalini 52.N.Thambuswamy 53.S.Preetha 54.N.Usharani 55.A.Raju 56.P.G.Saranbabu 57.P.Kokila 58.M.Sathiyakeerthi 59.H.Mohamedumar 60.K.Ramar 61.J.Seyed Mohudoom Beevi 62.A.Amutha 63.B.Jaya Sutha 64.G.Vinoth Kumar 65.M.Pragadeeswaran Page No. 2 of 8
66.B.Dhandapani 67.K.Parimala 68.J.P.Ravi 69.K.Udhayakumar 70.K.Concelia 71.N.Vijayamala 72.V.Kavitha 73.V.Buvaneshwari 74.D.Radha 75.P.Anbarasu 76.S.Priyanka 77.S.Amutha Rajeswari 78.G.Kalpana 79.T.Livingta 80.S.Saraswathi 81.V.Kohilavani 82.K.Muppidathi @ Selvarani 83.M.Subramani 84.A.Muthuameena 85.A.Nirmala 86.S.Michel 87.P.Krishna Poongothai 88.N.Venkatalashmi 89.R.Jayabarathi 90.K.Senthil Sevugapandian 91.T.Anandhi 92.T.Jeyaraj 93.M.Karthika 94.T.Murugesan 95.P.Mariarosalin ... Petitioners Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Page No. 3 of 8
School Education Department, Secretariat, Fort St. George, Chennai- 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The Joint Director of School Education (Higher Secondary), DPI Campus, College Road, Chennai 600 006.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents to pass orders granting promotion to the petitioners in Ministerial services in School Education Department based on their eligibility and seniority in the 2% vacancies earmarked for Ministerial services for School Education Department for promotion to the post of P.G.Assistant in the relevant subject from the panel year 2014 onwards, following the year wise panel, with all consequential and other attendant benefits, by considering the representation submitted by the petitioner dated 26.03.2021.
For Petitioners : Mr.G.Sankaran For Respondents : Mr.K.H.Ravikumar Government Advocate
ORDER
This writ petition has been filed seeking a writ of mandamus to direct the Page No. 4 of 8
respondents to pass orders granting promotion to the petitioners in Ministerial services in School Education Department based on their eligibility and seniority against the 2% vacancies earmarked for Ministerial services for School Education Department to the post of P.G.Assistant in the relevant subject from the panel year 2014 onwards, by following the year wise panel, with all consequential and other attendant benefits.
2. When the matter is taken up for consideration, it is brought to the notice of this Court, by way of counter affidavit, that 2% vacancies earmarked for Ministerial staff working in the School Education Department in the cadre of P.G.Assistant for the panel years 2014-2015 to 2020-2021 worked out to 164 posts and out of which, 125 vacancies have been filled up and balance 39 vacancies are reserved for other categories. It is further stated that the respondents would prepare the panel as per the provisions of Tamil Nadu Higher Education Subordinate Rules from the year 2021 onwards.
3. In the light of the above, the issue raised in the writ petition does not survive. The paragraph No.15 of the counter affidavit filed by the respondents Page No. 5 of 8
which reads as under:- "15.It is further submitted that only after the while following the order of priority the 125 vacancies out of 164 vacancies has been filled on 06.02.2021 by the persons in the cadre of Superintendent, Assistants, and Junior/Typist. The balance 39 vacancies are reserved for appeal and other criteria. The petitioners in the present writ petitions are only working as Junior Assistant and Typists names are included as on 01.01.2021 Panel. Henceforth the panel would prepared as per the provisions of Tamilnadu Higher Secondary Service Special Rules."
4. In the light of the above statement made in the counter affidavit, there is no need to examine the matter on merits and accordingly, this writ petition is disposed of directing the respondents to take all necessary steps for filling up of 2% posts in the cadre of P.G. Assistant earmarked to be filled in by way of appointment by transfer from among the Ministerial staff working in School Education Department, as expeditiously as possible at any rate within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected writ miscellaneous petition is closed. 23.07.2024 Page No. 6 of 8
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas To 1.The Principal Secretary to Government, State of Tamil nadu, School Education Department, Secretariat, Fort St. George, Chennai- 600 009.
2.The Director of School Education, DPI Campus, College Road, Chennai 600 006.
3.The Joint Director of School Education (Higher Secondary), DPI Campus, College Road, Chennai 600 006.
MUMMINENI SUDHEER KUMAR , J.
jas Page No. 7 of 8
and W.M.P.No.15799 of 2021 23.07.2024 Page No. 8 of 8