G S RAJENDRAN Vs. DIRECTOR OF ELEMENTARY

JUDGEMENT

(1.) IN both writ appeals, since common question is involved, they were heard together and disposed of by common judgment.

(2.) THE matter relates to the appointment to the post of Tamil Pandit from Secondary Grade Teacher in Municipal Middle School, L.N. Puram, Aranthangi (hereinafter referred to as "Middle School"). Both G.S. Rajendran -appellant in W.A. No.1313 of 2007 and M. Indira Gandhi -first respondent in W.A. No.1314 of 2007 were functioning as Secondary Grade Assistant (Teacher) in the said school. One M. Gopalakannan -fourth respondent in W.A. No.1313 of 2007 having been appointed by the District Elementary Educational Officer to the post of Tamil Pandit in the said school, G.S. Rajendran -appellant in W.A. No.1313 of 2007 preferred W.P. No.19660 of 2004, challenging the order of direct recruitment passed in R.C. No.6205/B3/2003 dated 5th July, 2004. During the pendency of the writ petition, Gopalakannan -fourth respondent in W.A. No.1313 of 2007 was transferred to some other District on 4th July, 2006. The post of Tamil Pandit having been again fell vacant, both G.S. Rajendran -appellant in W.A. No.1313 of 2007 and M. Indira Gandhi -first respondent in W.A. No.1314 of 2007 submitted their representations for promotion to the post of Tamil Pandit, which were disposed of.

(3.) LEARNED Single Judge, having noticed the rival contentions, by an impugned common order dated 7th September, 2007, while dismissing W.P. No.19660 of 2004, in view of the fact that Gopalakannan had already been transferred to another school, held that Indira Gandhi -first respondent in W.A. No.1314 of 2007 is senior to the appellant in W.A. No.1314 of 2007 and set aside the orders dated 18th and 19th January, 2007.