M VISWANATHAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THIS is a petition for the issue of a writ of certiorarified mandamus calling for the records in reference letter Dis. No. 271/g2/72 dated. 12th July 1972 of Chief Educational Officer, Coimbatore, the second respondent herein and all other connected and related records for the purpose and quashing the same, directing the respondents to fix the seniority of the petitioner in the Grade I Tamil Pandit so as to enable the petitioner for his due and legitimate promotion to the Selection Grade and for such monetary compensation permissible in the circumstances of the case.

(2.) THE case of the petitioner in the accompanying affidavit sworn to by him runs thus : He is a Tamil Pandit Grade I working in Government Board High School Mudis. He should have been promoted to Grade I Tamil Pandit soon after he finished his Pandit training on 1st December, 1960 as per G. O. No. 2221/d/17th August 1960. But, without any justifiable cause or reason, he was denied of the promotion till he made representation by his letter dated 4th August, 1971.

(3.) HE was first appointed on 1st August, 1955 as Grade II Tamil Pandit and posted to Coimbatore, Government District Board High School. He was then S. S. L. C. , with Vidwan 2 D qualification. He underwent the Pandit Training between 2nd July, 1960 and 1st December, 1960. He became fully qualified to be promoted as Grade I Tamil Pandit. It is seen from the proceedings of the Chief Educational Officer in his Proc. No. D. Dis. No. 13-9-66/db/60/2 dated 24th April, 1960 that the Special Officer. District Board, Coimbatore has issued communication fixing his seniority as Grade II Tamil Pandit. It is seen from the same that the persons who had been subsequently promoted to Grade I and thereafter to the Selection Grade are much junior to him and his name should have been considered for promotion as a matter of seniority and as a matter of course even without his application for the purpose. He, therefore, submitted to the Chief Educational Officer, Coimbatore, by his representation dated 4th August, 1971 that he is fully qualified and entitled to Grade I and that there is no reason that his name should have been ignored from such promotion for the past 10 years i. e. from 2nd December, 1960. On his representation, he was appointed to Grade I with effect from 25th February, 1971 by the proceedings of the Chief Education Officer. Coimbatore and Nilgiris in R. C. No. 141/s. 2/71 dated. 30th August 1971 in the time scale of Rs. 275-10-375-15-450. He made further representation that he was entitled to be so promoted even as early as 2nd June, 1960 by being fully qualified for such promotion as on 2nd December, 1960. According to the petitioner, he should be considered for retrospective benefits as he would have had, had he been given the first opportunity for such promotions. He also brought to the knowledge of the authorities the names of Ponnuswamy and two others who were his juniors and who were promoted to Grade I and later to Selection Grade. The instance of N. Mylswamy, Vettakaran Pudur whose date of first appointment as Grade I Tamil Pandit and whose seniority was fixed along with the petitioner as per the proceedings cited above was 22nd July 1957 whereas his first appointment was 1st August, 1955. The petitioner, therefore requested the authority to consider the possibility of granting him adequate relief by way of compensation or otherwise, and his promotion to selection grade may not be further delayed.