A FAZLUDEEN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) The petitioner has approached this Court, seeking the following relief:- "Writ of Writ of Certiorarified Mandamus calling for the records on the file of the second respondent relating to the proceedings issued in Na.Ka.No.5874/Aa5/2009 dated 10.11.2009 and quash the same and direct the respondents to promote the petitioner to the post of Headmaster-Linguistic Minority in Gumathpalli Girls Primary school, at Parangipettai Union, Parangipettai, Cuddalore District."

(2.) The petitioner is working as Secondary Grade Teacher (Urudu) in Panchayant Union Muslim Girls' Primary School, Gummathapalli, Parangipettai Union, Parangipettai, Cuddalore District. The petitioner is also eligible for promotion to the post of Headmaster - Linguistic Minority. On 19.11.2007, the petitioner made a representation that if any vacancy arises in the school in which he is working as Secondary Grade Teacher, the petitioner may be considered for appointment to the post of Headmaster on the basis of linguistic qualification in Urudu, on an out of turn basis, because of such appointment is permissible under the Tamil Nadu Elementary Educational Subordinate Service issued by G.O.Ms.No.1383 dated 23.05.1988.

(3.) According to the petitioner, an out of turn basis, the promotion is effected in other districts, however, he was not considered for the same where he was working as Secondary Grade Teacher. Therefore, he was constrained to file a writ petition in W.P.No.15950 of 2009 and this Court disposed of the writ petition on 10.08.2009, directing the respondents therein to consider the representation of the petitioner, which was made on 19.11.2007, within a period of twelve weeks. Pursuant to the order passed by this Court in the aforesaid writ petition, the second respondent passed an order on 10.11.2009, stating that as per the existing orders and Section 35(a) of Subordinate Service Rule, the post of Headmaster (Linguistic Minority), the general seniority of the Secondary Grade Teachers alone to be followed and therefore, his request for promotion as Headmaster "Linguistic Minority in Gumathpalli Girls Primary School, at Parangipettai Union, Parangipettai, Cuddalore District, cannot be considered favourably. The rejection of the petitioner's request dated 10.11.2009, is put to challenge in the present writ petition.