A. SOUNDARARAJAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Challenging the order of rejection passed by the second respondent dated Nil March 2010 for re-designation on the basis of Games Marker into one of Office Assistant, in the light of the Government Order in G.O.Ms.No.235 dated 23.11.2006, the petitioner has approached this Court.

(2.) The petitioner was initially appointed as Games Marker in St.Philomena's Girls Higher Secondary School, Tiruchirapalli. The said school, vide its letter No.400/97-98 dated 23.03.1998 has forwarded the appointment of the petitioner as Games Marker for approval. In the meanwhile, vide Na.Ka.No.2584/A4/98 dated 27.04.1998, the Chief Educational Officer, Tiruchirapalli, has directed the School viz., St.Philomena's Girls Higher Secondary School, Tiruchirapalli, to send the particulars with regard to the post of temporary Games Marker for approval. On 28.07.1998, the Chief Educational Officer, Tiruchirapalli after considering the representation of the school, regularised the appointment of the petitioner with effect from 01.02.1998 in the time scale of pay of Rs.2550 - 55 - 2660 - 60 - 3200 @ Rs.2550 plus allowances. Thereafter, the Government in its letter Ms.No.235 dated 23.11.2006 had taken a decision to re-designate the post of Games Marker as Office Assistant as per G.O.Ms.No.527, School Education Department, dated 30.12.1997. In the said letter, it was stated that while collecting the details of Games Markers for re-designation, 219 vacancies of Games Markers were left out. Therefore, it was decided that they can be accommodated as Office Assistants lying vacant in Government Schools, where the vacancy available are over 500. Therefore, by Government Letter Ms.No.235 dated 23.11.2006, a direction was issued to appoint the persons in the 524 vacancies available in Government Schools. Accordingly, vide Proceedings of the Chief Educational Officer, Tiruchirapalli, in Na.Ka.No.1844/A4/2007, dated 08.03.2007, several persons, similarly placed to the writ petitioner, were appointed. The employer of the petitioner, namely, St.Philomena's Girls Higher Secondary School, Tiruchirapalli, Tiruchirapalli addressed the third respondent in D.No.126/2007-2008 dated 24.08.2007 to post the petitioner also in anyone of the Government Schools as Office Assistant. This representation was followed by reminder dated 04.10.2007. The petitioner also made a representation dated 14.12.2008.

(3.) Since no action was taken, the petitioner filed a writ petition in W.P.No.3618 of 2009 and this Court, by its order dated 09.03.2009, directed the respondents to pass orders on the representation submitted. On 15.09.2009, the second respondent vide Proceedings in Na.Ka.No.22832/E2/A5/09 dated 15.09.2009 rejected the request of the petitioner for re-designation. The reason stated therein was that the appointments made to the vacant posts arising out of persons retiring without the permission of the Government as per Government Letter No.13900/E1/2007-1 dated 21.05.2007 are not entitled for re-designation. This order of the second respondent was communicated to the petitioner during March 2010 which is under challenge in this writ petition.