M. JESUDASPANDIAN AND OTHERS Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner in WP(MD)No.24218 of 2017 is working as B.T. Assistant (History) in the Government High School, Karanthaneri, Nanguneri Taluk, Tirunelveli District. He joined as Secondary Grade Teacher on 28.07.1995. He was promoted as B.T.Assistant (History) on 27.07.2008. According to the petitioner, the person who is holding the post of B.T.Assistant has two avenues of promotion. One is to the post of High School Headmaster while the other is to the post of P.G.Assistant.

(2.) His grievance is that persons appointed as P.G.Assistants from the cadre of B.T. Assistants are also being considered for promotion to the post of High School Headmaster. Hence, he filed WP(MD)No.12656 of 2016 questioning the proceedings dated 22.12.2015 issued by the Director of School Education, Chennai permitting the P.G Assistants hailing from the grade of B.T.Assistants to be appointed as Headmasters of High Schools. In respect of the said proceedings, interim stay was initially granted. Thereafter, stay was vacated and the matter was referred to a larger bench. Questioning the order vacating the stay, WA(MD)No.1468 of 2017 has been filed. It is said to be still pending. In the meanwhile, the Director of School Education issued proceedings dated 21.12.2017 containing the tentative seniority list and once again proposing to consider the P.G.Assistants who were erstwhile B.T Assistants for the post of High School Headmasters through recruitment by transfer.

(3.) The contention of the petitioner is that those P.G. Assistants who worked for a period beyond five years will have to return to the post of B.T Assistant and work in the cadre of B.T Assistant for a period of one year. According to the petitioner, it is the mandate of the proviso to Rule 9 of the Tamil Nadu State and Subordinate Service Rules. Since the impugned list is not in consonance with this requirement, he has filed the present writ petition.