A THANGARAJ Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) THIS petition has been filed by the petitioner praying that this Court may be pleased to set aside the impugned orders of the second respondent dated 30.08.1995 and 5.10.1995, made in Na.Ka.3494/B3/95.

(2.) IT has been stated that the petitioner had entered into service as a Secondary Grade Teacher, on 15.7.74, in Athoor Panchayat Union School. He had obtained Master of Arts and Master of Education Degrees in the year 1986 and 1992, respectively. The petitioner is eligible to be promoted as Middle School Headmaster, as per G.O.Ms.No.400, Education, Science and Technology Department, dated 25.5.1995. The petitioner was promoted as a Primary School Headmaster and he took charge as such, on 30.6.95, forenoon, at Athoor Panchayat Union Primary School, Sanga Reddy Kottai. The promotion was made as per the seniority list of Secondary Grade Teacher published, on 3.5.1995, taking into account the crucial date, i.e., 1.1.95. The fourth respondent was promoted as a Middle School Headmaster and he joined the post on 30.6.95, afternoon. Vacancies in the posts of Middle School Head Master arose, on 1.7.95, at V. Koothampatty Middle School, Athoor Panchayat Union and on 29.7.95 at Chilalanpatti Middle School, Athoor Panchayat Union.

(3.) IN the counter affidavit filed on behalf of the respondents, the claims made by the petitioner have been denied. It has been stated that the respondents have followed the instructions and guidelines for the promotion of Middle School Headmaster, correctly. Accordingly, the 4th respondent had been given the necessary promotion. As the petitioner is not senior enough to be considered for promotion, in relation to the other persons working in Athoor Panchayat Union, as per the panel list for the year 1995, the Middle School Headmaster promotion was given to the 4th respondent as per the rules and guidelines. According to the clarification in L.Dis.26032/ED1/95, dated 6.8.95, the seniority was as per the panel prepared for the year 1995, as on 1.1.95 and the fourth respondent was given the promotion from the post of primary school headmaster to that of Middle school Headmaster, even though he had joined later than the petitioner in the post of Primary School Headmaster. IN such circumstances, the writ petition is liable to be dismissed.