CHIEF EDUCATIONAL OFFICER Vs. R. RAJA

JUDGEMENT

(1.) Heard learned Special Government Pleader for the appellants and learned counsel for the respondent.

(2.) The respondent petitioner claims that he was entitled to be promoted as a P.G. Assistant (Physics) teacher in the Institution known as Velasamy Chettiar Higher Secondary School, Omalur, Salem District, appellant no.3 in this writ appeal. It is the case of the respondent that in spite of he having been entrusted with the task of teaching higher classes, had not been considered for promotion on account of the management being superseded in the Institution since 2013. The management has now been restored in March 2019. In between, treating the respondent to be surplus in the Institution as B.T. Assistant teacher, he was commanded to join in some other Institution. This gave rise to the writ petition that was filed and has been allowed, against which the present appeal has been preferred by the State.

(3.) Learned counsel for the appellants/State contends that it is for the management to have considered his claim for promotion in the event the vacancy was available and to send a proposal to the authorities for their consideration. But, so long as he remains as a B.T. Assistant Teacher, he falls within the category of surplus teacher in the Institution, hence, the proposal to send him to another Institution does not suffer from any infirmity and therefore, the impugned judgment deserves to be set aside.