SECRETARY VIVEKANANDA HIGHER SECONDARY SCHOOL Vs. M NALLAPERUMAL

JUDGEMENT

(1.) THE above writ appeal has been filed against the order of the learned single Judge dated 22. 06. 2000 made in Writ Petition No. 11385 of 19 93, in and by which the learned Judge, while allowing the writ petition, directed the School Management, second respondent therein, to appoint the writ petitioner, M. Nallaperumal, as Junior Assistant in the place of third respondent therein, viz. , K. Murugesan.

(2.) FOR convenience, we shall refer the parties as arrayed in the writ petition.

(3.) THE writ petitioner, M. Nallaperumal is the first respondent in the appeal. According to him, he belongs to Schedule Caste community. On 05. 10. 1985, the second respondent, Vivekananda Higher Secondary school (in short "the School"), appointed him as "record Clerk" in their school. The qualification is SSLC completed for the post of " Record Clerk" and SSLC with eligibility for College course for the post of Clerk. The petitioner passed Pre-University course; hence, he is fully qualified for the post of Clerk. In the second respondent School, the highest post in non-teaching cadre is Junior Assistant. On 26. 07. 1990, the post of Junior assistant fell vacant in the second respondent School due to the voluntary retirement of one D. Sekaran. According to the petitioner, the second respondent ought to have appointed him as Junior Assistant, because he is a senior most, eligible and suitable candidate in the feeder category, viz. , "record Clerk". The petitioner also sent a representation on 16. 11. 1990, seeking promotion, but there was no reply. He made an appeal and when the same was pending before the first respondent, the second respondent School filled up the post of Junior Assistant on 01. 04. 1991 and appointed the third respondent as if he was appointed from 14. 12. 1990. The first respondent, by order dated 26. 04. 1993, dismissed the appeal filed by the petitioner as time barred, since the appeal was filed after the lapse of two years. The said order was challenged by way of writ petition in W. P. No. 11385 of 1993. The learned single Judge, by the impugned order, set aside the order appointing the third respondent as Junior Assistant in the second respondent School and directed the School Management to appoint the writ petitioner as Junior assistant. Questioning the same, the School Management and the third respondent therein, viz. , K. Murugesan have filed the above writ appeal.