S VELAYUDHAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE matters came to be posted on being specially ordered by the Hon'ble Chief Justice by an order, dated 11.2.2011.

(2.) HEARD both sides.

(3.) AFTER the disposal of the SLPs, the State Government had issued G.O.Ms.No.1583, Education Department, dated 12.10.1988 amending the Tamil Nadu Educational Subordinate Service Rules relating to promotion from the cadre of secondary grade teacher to school assistant. Once again, the amendment was questioned by the Headmasters belonging to 'B' Wing schools by filing O.A.No.46 of 1988. Even though the Headmasters are no way concerned with the said amendment, yet they filed the original application. The Tribunal held that the promotion to the posts of Headmasters and District Educational Officers could be made only after preparing the combined seniority list of 'A' Wing and 'B' Wing staff as on 1.4.1970. 5.2.Aggrieved by the judgment of the Tribunal, dated 4.5.1990, the matter was taken to the Supreme Court by way of direct appeals as per the provisions of the Administrative Tribunal Act by the Tamil Nadu Teachers Association. It was the third round of litigation. The Supreme Court finally had disposed of those appeals vide its judgment in Tamil Nadu Teachers Association Vs. Association of the Heads of the Government (B Wing) High & Higher Secondary Schools and others reported in AIR 1998 SC 2267 = 1998 (5) SCC 178. The Supreme Court in that judgment held in paragraphs 28 to 30 as follows: