R.Shrijayanthi 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.Nos.15792 and 15793 of 2021 1.R.Shrijayanthi 2.K.Kalaivani 3.B.Esakkimuthu 4.D.M.Rama 5.C.S.Thirunavukkarasu 6.A.Usha 7.M.Bramma Sakthi 8.K.Jegatheeswari 9.N.Senthil Kumar 10.B.Meenasaranya 11.G.Sangreswari 12.S.Kamala Sridevi 13.R.Tamilselvi 14.P.Tharani 15.K.Jayaguru 16.Amutha Lakshmi ... Petitioners Vs.
1.The State of Tamil Nadu, Rep by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
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2.The Commissioner, School Education, DPI Campus, Chennai - 600 006.
3.The Joint Director (Personnel), School Education, DPI Campus, 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 herein to implement the amendment to Rule 3 of the Tamil Nadu School Education Subordinate Services vide G.O.Ms.No.7 School Education dated 20.01.2020 by taking into account that it is with retrospective effect from 19.07.2007 by preparing the number of vacancies for each year from the year 2011 for the purpose of filing up 2% of the vacancies in the post of BT Assistants by recruitment by transfer from amongst the qualified non teaching staff and accordingly call for the names of the petitioners and grant them with appointment to the post of BT Assistants first before resorting to fill up the vacancies in the post of BT Assistants by promotion.
For Petitioners : M/s.Dakshayan Reddy For Respondents : Mr.K.H.Ravikumar Government Advocate Page No. 2 of 6
ORDER
Under similar circumstances, this Court allowed W.P.No.4756 of 2021, by an order dated 23.07.2024 and the operative portion of the said order reads as under:- "10. It is further submitted by the learned counsel for the petitioner that the petitioner is not seeking for any retrospective appointment by transfer or any monetary benefits with retrospective effect. He is only seeking appointment by transfer prospectively.
11. In the light of the above, this Court does not see any impediment for granting the relief as sought for in this writ petition. Accordingly, this Writ Petition is allowed by directing the respondents to give effect to the amendments made to the Special Rules for the Tamil Nadu School Education Subordinate Service through G.O.Ms.No.7, School Education Department dated 20.01.2020 with effect from 19.07.2007.
12. The respondents are further directed to ascertain the number of vacancies filled up since 19.07.2007 to the posts of School Assistant/Graduate Teacher by way of promotion and ascertain 2% of such posts, and fill up the said 2% posts by considering the ministerial staff working in School Education Department by way of appointment by transfer in accordance with G.O.Ms.No.7, School Education Department, dated Page No. 3 of 6
20.01.2020 till 29.01.2020 and thereafter to consider the claims of the said ministerial staff for appointment by transfer to the posts of Graduate Teacher in terms of G.O.Ms.No.13 School Education (S.E.3(1)) Department, dated 30.01.2020. The respondents are further directed to complete the entire exercise as directed above as expeditiously as possible at any rate within a period of three months from the date of receipt of a copy of this order.
13. It is made clear that the petitioner and other ministerial staff working in the School Education Department and claiming appointments by transfer to the posts of Graduate Teacher/School Assistants, shall be subject to their satisfying the qualification criteria prescribed for the respective posts."
2. Applying the ratio laid down in the above detailed order passed in W.P.No.4756 of 2021 dated 23.07.2024, this Writ Petition is allowed on the same lines. No costs. Consequently, connected writ miscellaneous petitions are closed.
23.07.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas Page No. 4 of 6
To 1.The State of Tamil Nadu, Rep by its Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Commissioner, School Education, DPI Campus, Chennai - 600 006.
3.The Joint Director (Personnel), School Education, DPI Campus, Chennai - 600 006.
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MUMMINENI SUDHEER KUMAR , J.
jas and W.M.P.Nos.15792 and 15793 of 2021 23.07.2024 Page No. 6 of 6