G S RAJENDRAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THE writ petitioner was appointed as Secondary Grade Teacher and has completed nine years of service and is eligible for further promotion as Tamil Pandit as per the amended G. O. Ms. No. 227 School Education Department dated 28. 8. 2000. The method of avenue of promotion has been mentioned in the said G. O. which states as follows:

(2.) ACCORDING to the petitioner, when the panel was formed as on 1. 1. 04, he was eligible for the said promotion. It was made clear that the petitioner was the only person who was eligible as per the said G. O. for the purpose of promotion to Tamil Pandit. However, instead of promoting the petitioner, one M. Gopalakannan was promoted against which the petitioner has approached this Court and this Court by order dated 13. 7. 2004, in W. P. M. P. No. 23626/2004 in W. P. No. 19660/2004, has granted an order of interim stay in respect of the appointment of the said M. Gopalakannan. After the said order of stay, M. Gopalakannan was transferred to some other place keeping that place vacant for which the petitioner was originally sought to be a qualified person.

(3.) IN view of the same, the petitioner has made a representation to the 1st respondent on 22. 7. 2006 followed by a reminder on 26. 7. 2006. Even though the prayer in the writ petition is for a direction against the first respondent to appoint the petitioner as a Tamil Pandit, the learned counsel for the petitioner would fairly submit that the petitioner will be satisfied if a direction is given to the 1st respondent to include the name of the petitioner in the light of the amended G. O. within a stipulated time. For such a course of action, the learned Government Advocate, taking notice on behalf of the respondents, has no objection.