R. PREMALATHA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This writ petition has been filed challenging the letter issued by the first respondent dtd. 29/12/2022 thereby rejected the request made by the petitioner seeking promotion to the post of Senior Lecturer.

(2.) The petitioner is qualified with B.Sc., B.Ed. (Maths), M.A.(Sociology), M.A.(History), M.P.Ed. and M.Phil. in Physical Education. She was appointed as Lecturer in the Department of Physical Education in District Institute of Education and Training (hereinafter called as 'DIET') on 3/10/2000. Her services were regularised and she successfully completed her probationery period. Though Service Rules applicable to teaching and administrative posts in School Education Department, for the Teacher Training Institute, DIET, subsequently a separate Directorate was formed for looking after the Teacher Education vide GO.Ms.No.748 Education Department dtd. 4/6/1990. Subsequently, another order was passed in GO.Ms.No.98 dtd. 13/8/1997 thereby streamlined the recruitment procedure for various categories of posts filled up by promotion and direct recruitment through Teachers Recruitment Board. The Government framed Adhoc Rules for Tamilnadu Teacher Educational Service notified in GO.Ms.No.133 School Education Department dtd. 14/6/2007. As per the Service Rules, the qualifications for the post of Senior Lecturer and Lecturer in Directorate of Teacher Education, Research and Training and District Institute of Education and Training are given as follows:

(3.) Mr.G.Sankaran, the learned Senior Counsel appearing for the petitioner submitted that for physical education, M.P.Ed is the relevant subject. Unless a person is qualified with M.P.Ed, he is not eligible to be appointed in Physical Education Department. Therefore, M.P.Ed should also be equivalent to M.Ed and she is eligible to be promoted to the post of Senior Lecturer. However, the petitioner was not considered for promotion to the post of Senior Lecturer on the ground that GO.Ms.No.133 dtd. 14/6/1967 does not include M.P.Ed qualification for promotion to the post of Senior Lecturer. The Lecturer in Physical Education qualified with M.P.Ed cannot acquire M.Ed qualification. It is not available through correspondence course and as per prohibition, the petitioner could not able to undergo regular M.Ed course. The Hon'ble Supreme Court of India repeatedly held that to create promotional avenue for a Government servant, by making necessary amendment in the promotion policy, which remains to be a condition of service. The petitioner holding the post of Lecturer in Physical Education cannot be discriminated, particularly when all other batch mates of the year 2000 appointed as Lecturer in language or subjects were promoted to the post of Senior Lecturer and Principal etc. The petitioner has completed her 23 years of service in the very same post of Lecturer in Physical Education. Now she is about to retire on 31/5/2024 without any further promotion to the post of Senior Lecturer.