S RAJ KUMAR Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is working as Secondary Grade Teacher in Government Adidravidar Welfare Higher Secondary School at Singanoor, Dindivanam Taluk. The petitioner, being qualified to be appointed as B.T. Assistant (History), was promoted as Post Graduate Assistant (History) against available vacancy and transferred to Thanjavur District. It was due to family circumstances, that the petitioner was not able to join duty as B.T. Assistant, and made request to the respondents to appoint him as B.T. Assistant (History) in Adidravidar Welfare Higher Secondary School, where the petitioner was working. The respondents did not accept the request of petitioner, and appointed Mr. A. Palani /4th respondent, as B.T. Assistant (History) from Sivagangai District.

(2.) The submission of petitioner is that as the vacancy was available in the same school and the seniority position of petitioner was No. 13, he was entitled to be promoted as B.T. Assistant (History) in the same school.

(3.) The petitioner challenged the order of appointment of respondent No. 4 in Government Adidravidar Welfare Higher Secondary School, being illegal and arbitrary and violative of G.O. Ms. No. 41 dated 11.7.2001.