P. KALAIARASAN Vs. DIRECTOR OF SCHOOL EDUCATION, CHENNAI

JUDGEMENT

(1.) The petitioner herein was appointed as Junior Grade B.T. Assistant on consolidated pay on 1/7/2004 and thereafter, brought into regular time scale with effect from 1/6/2006. Thereafter, in the year 2007, the school in which the petitioner was working viz., Panchayat Union Middle School, Kavarapattu, Thanjavur District was upgraded as High School and the petitioner was also absorbed into the post of B.T. Assistant in the High School Service as per the proceedings dtd. 10/8/2007 issued by the 3rd respondent. According to the petitioner, he was fully qualified for promotion to the post of P.G. Assistant (Physics), as he already acquired M.Sc., (Physics) and M.Phil. However, when his case was not included in the seniority list of persons eligible for promotion to the post of P.G. Assistant (Physics), he approached the respondents requesting for inclusion of his name in the list for promotion to the said post. But the same was not considered and he was informed that his seniority will be counted in the High School service only from the date of his joining in the School Education Department with effect from 22/8/2007 and an order dtd. 8/11/2019 rejecting the request of the petitioner was passed to that effect. It is aggrieved by the said order, the petitioner approached this Court by filing the present writ petition.

(2.) Heard Sri V.Panneerselvam, learned counsel for the petitioner and Sri V.Om Prakash, learned Government Advocate appearing for the respondents and perused the material on record.

(3.) It is the contention of the learned counsel for the petitioner that the school in which the petitioner was appointed as Junior Grade B.T. Assistant was upgraded by the respondents on administrative grounds and he has no role in the process of the said upgradation and he was also absorbed in the post of B.T. Assistant on upgradation of the school. It is his further contention that he was never informed about he losing the service rendered in the Panchayat Union School, nor he has given any option for absorption into the School Education Service at the time of upgradation and absorption of his service as B.T. Assistant in the School Education Service. Therefore, the service rendered by the petitioner as Junior B.T. Assistant, prior to his absorption in School Education Service, cannot be ignored and the same is liable to be counted for the purpose of seniority in the cadre of B.T. Assistant in School Education Service consequent upon upgradation of the school in question.