M BELLI Vs. STATE OF TAMIL NADU, DIRECTOR OF SCHOOL EDUCATION AND JOINT DIRECTOR OF SCHOOL EDUCATION (HIGHER EDUCATION)

JUDGEMENT

(1.) The Petitioner was working as a Secondary Grade Teacher in the Government Higher Secondary School at Thuneri, Nilgris District. He sought promotion to the post of P.G. Assistant and he made a representation dated 30.12.1998 in this regard. He filed the Original Application in O.A. No. 871 of 1999 seeking promotion. The Tamil Nadu Administrative Tribunal passed an order dated 08.02.1999 directing the authorities to consider the representation dated 30.12.1998 of the Petitioner, on merits and pass an order, within a stipulated time. Accordingly, the third Respondent passed the impugned order dated 19.04.1999, stating that there is no provision for promotion of Secondary Grade Teacher to the post of P.G. Assistant, even if the Secondary Grade Teachers are fully qualified for the post of P.G. Assistant.

(2.) In these circumstances, the Petitioner has filed the Original Application in O.A. No. 3793 of 2000, to quash the aforesaid order dated 19.04.1999 of the third Respondent and for a direction to the Respondents to promote him as a P.G. Assistant (Economics) by appointment by transfer by taking into account his educational qualification with effect from December 1988 with all attendant benefits.

(3.) On abolition of the Tamil Nadu Administrative Tribunal, the matter stood transferred to this Court and renumbered as W.P. No. 39006 of 2005.