L GOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The challenge in this writ appeal is to the order passed by the learned Judge dated 12.10.2009 in W.P. No. 25002 of 2006 whereby and where under the order passed by the Secretary to Government, School Education Department dated 10.7.2006 in G.O. Ms. No. 223, setting aside the appointment of the appellant, was confirmed. The Background Facts: The appellant's case

(2.) The appellant was originally appointed as Post-Graduate teacher in Sennimalai Kumarappa Higher Secondary School in Erode District and he was in the service of the said institution for the period from 6.10.1982 to 31.3.1983. He also served as Post-Graduate Teacher in Vivekananda Higher Secondary School, Thireuvedagam from 31.10.1983 to 1.6.1985. Subsequently, he was appointed in the fifth respondent School as P.G. Assistant. The appointment was on 12.6.1985. The sixth respondent was appointed as P.G. Assistant in the fifth respondent institution on 13.3.1985.

(3.) While the appellant was working as P.G. Assistant, the then Head Master Thiru M. Venkatachalapathi retired on 31.5.2003 on attaining superannuation. Therefore, the post of the Head Master became vacant with effect from 1.6.2003. There were ten P.G. Assistants working in the fifth respondent institution qualified for appointment as Head Master. The appellant was having a qualified service of nineteen years and as such he was fully qualified for appointment as Head Master.