S. POONGUNDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order of rejection dtd. 29/1/2014, rejecting the claim of the writ petitioner for upgradation of post and approve the appointment of the petitioner in the post of Head Master or BT Assistant in the 8th Respondent High School, with effect from 1/3/1998, is under challenge in the present writ petition.

(2.) The writ petitioner was appointed as a Secondary Grade Teacher on 22/7/1991, in the 8th respondent school. The petitioner studied B.A. in the year 1983 and B.Ed in the year 1985. His appointment was not approved and he filed W.P.No.13667 of 1991, for approval of his appointment and the said writ petition was allowed and thereafter, his appointment was approved from the date of his initial appointment. The 8th respondent school was upgraded as high school in the year 1996-97 by the proceedings of the Joint Director of School Education dtd. 12/1/1998. Consequently, the High School Ss. were bifurcated and are functioning separately. The then middle school Headmaster was only a Secondary Grade qualified and therefore, he was transferred to the primary school and there is no Headmaster for the High School. In this context, the petitioner set out a claim by stating that he is fully qualified for appointment to the post of B.T.Assistant and his case is to be considered for upgradation of post in the said school, so as to accommodate him.

(3.) The learned counsel appearing on behalf of the writ petitioner reiterated that several recommendations were made by the District Educational Officers and such recommendations were forwarded to the Directorate also. Inspite of the fact that the School is eligible for such upgradation and the petitioner was also qualified during the relevant point of time for appointment as B.T.Assistant, the respondents have failed to upgrade the post as B.T.Assistant / Middle School Head master and therefore, the petitioner is deprived of his appointment as B.T.Assistant / Middle School Head master. The petitioner is now performing the duties of the Headmaster and receiving the pay applicable to the post of Secondary Grade Teacher. This being the factum, the post of the writ petitioner i.e. Secondary Grade Teacher is to be upgraded as B.T.Assistant / Middle School Headmaster with all consequential benefits.