G S RAJENDRAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THIS order shall govern the above two writ petitions. WP No. 4032 of 2007 has been brought forth seeking a writ of certiorari to quash the order of the first respondent namely the Director of Elementary Education, Madras, made in Na. Ka. 28054/l3/2006 dated 18. 1. 2007 and also the consequential orders passed by the second respondent in Na. Ka. No. 4715/a3/06 dated 19. 1. 2007, while the fourth respondent therein has filed WP No. 19960 of 2004 seeking a writ of certiorarified mandamus to quash the order of the second respondent dated 5. 7. 2004 and to direct the respondents 1 to 3 to appoint the petitioner as Tamil Pandit in the existing post.

(2.) THE Court heard the learned Counsel on either side in both the writ petitions. The affidavits in support of the petitions and the counter affidavits are also looked into.

(3.) THE case of the petitioner in WP No. 4032/2007 is that he joined in Ramakrishna Vidyalaya Higher Secondary School, Thiruppunavasal, as Secondary Grade Teacher, on 29. 2. 1988; that she was further transferred to Kamarajar Kalasalai Middle School (Government Aided), Aranthangi, as per the proceedings in RC 13180/eg2 dated 30. 4. 1999, and subsequently, appointed in Panchayat Union Middle School, Panchathi, as Secondary Grade Teacher as per the proceedings dated 26. 7. 1999; that again she got transferred from Panchayat Union Service to Municipal School Service as per the proceedings dated 21. 7. 2001, of the District Elementary Education Officer, Pudukkottai; that thereafter, the petitioner has completed 18 years of service as Secondary Grade Teacher; that she entered Municipal service on 31. 7. 2001 and was working continuously; that while the matter stood thus, she also completed B. Lit. , (Tamil); that the same was duly entered in the service register on 21. 11. 2005; that under the circumstances, the petitioner had the necessary qualification and seniority for being promoted as Tamil Pandit for which a vacancy exists; that as per G. O. Ms. No. 100 School Education (Budget) Department, dated 27. 6. 2003, the Government converted and downgraded all the permanent vacancies into Junior Teachers i. e. , Junior Secondary Grade Teacher, Junior B. T. , Assistant, etc. ; that pursuant to the same, the vacancy was filled in with the appointment of one Gopalakannan, Junior B. T. , on 7. 7. 2004; that he was in service upto 3. 7. 2006, and then, he got his transfer through counseling and was relieved on 3. 7. 2006; that consequently, a vacancy arose; that since the petitioner was duly qualified to be appointed as Tamil Pandit in the vacancy which arose from 4. 7. 2006 onwards, she made a representation; that a panel was prepared; that the petitioner was placed in rank No. 1; that the fourth respondent Rajendran, was placed in Rank No. 1 (a), who was junior to the petitioner in service; that pending consideration, the petitioner approached the Madurai Bench of this Court in WP No. 7454/2006 wherein there was an order passed by the Bench on 11. 10. 2006 directing the first respondent therein to consider the representation of the petitioner dated 20. 7. 2006; that accordingly, she was appointed as Tamil Pandit on consideration of the representation; that while the matter stood thus, the fourth respondent moved this Court in WP No. 25363 of 2006, and orders came to be passed on 11. 8. 2006; that under the circumstances, suddenly the second respondent by his proceedings in Na. Ka. No. 5595/a3/04 dated 9. 9. 2006 followed by another letter in Na. Ka. No. 5595/a3/04 dated 9. 11. 2006 informed the fourth respondent that the petitioner is placed at No. 1 in the seniority list and the vacancy relating to the Tamil Pandit, will be filled up according to the seniority; that suppressing these two letters, the fourth respondent moved the contempt application before this Court as if the orders in WP No. 25363/2006 referred to above, were disobeyed; that while the matter was pending, this Court passed an order directing the second respondent to take action and pass orders in respect of the seniority as per 2004 seniority list; that accordingly, there was an order passed by the authority which is challenged in this writ petition, on 19. 1. 2007; that the petitioner has been reverted from the post of Tamil Pandit to the Secondary Grade Teacher; and that under the circumstances, this writ petition has been brought forth.