G ELAYAPERUMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner was originally appointed as an Office Assistant on 10. 8. 1981 and was subsequently promoted as Record Clerk on 22. 3. 2000. Later, he was further promoted as Laboratory Assistant on 14. 5. 2003. It is the case of the petitioner that he has qualified himself to be appointed as a Drawing Master, which is a teaching staff post. However, his claim has not been considered on the ground that he has been holding a non-teaching staff post and therefore, not eligible to transfer into the teaching side. The petitioner has made many representations, including the representation to the third respondent dated 20. 10. 2008, requesting for considering him for the teaching post of Drawing master. As no orders have been passed, the present writ petition is filed.

(2.) IT is seen that under similar circumstances, N. PAUL VASANTHAKUMAR,j. in w. P. No. 23412 of 2008, in the case of A. C. Manikandan v. The Director of School education, Chennai-6 and another, by order dated 30. 9. 2008, while referring to rule 2 of the Tamil Nadu Educational Subordinate Service Rules wherein for the purpose of filling up of the post of Drawing Master various methods have been shown, in which one method is recruitment by transfer from any other service, and relying upon various other judgments and Government Orders, including g. O. Ms. No. 753, Education Department, dated 15. 7. 1985 which is still in force without any amendment, directed the Director of School Education to consider the claim of the petitioner therein as per his representation in the light of g. O. Ms. No. 753, Education Department, dated 15. 7. 1985, without reference to the government letter dated 18. 12. 2000. This Court has referred to the Tamil Nadu educational Subordinate Service Rules in relation to the Drawing Masters and the method of appointment, which is as follows:

(3.) THAT was also the view taken by K. SUGUNA,j. in J. Munusamy v. State of Tamil nadu, rep. by its Secretary to Government, School Education Department, (W. P. No. 35800 of 2004, etc. batch, order dated 31. 3. 2006 ).