DIRECTOR OF ELEMENTARY EDUCATION Vs. C.RANGAN

JUDGEMENT

(1.) Instant Writ Appeal is filed against the order made in WP No. 18983 of 2019 dated 11.07.2019, by which the writ Court allowed the writ petition and directed the respondents to revert the petitioner and post him as a Middle School Head Master in the existing vacancy in Pallipattu Union forthwith on re- employment basis till the end of the academic year (2019-2010) and to pay him whatever admissible pay and allowance as payable to him, on being re- employed. Challenging the said order, State has preferred the instant appeal.

(2.) Short facts leading to the filing of the writ appeal, are as follows:

(3.) Aggrieved by the abovesaid order of the writ Court, State/respondents therein have filed the instant appeal, on the grounds inter alia, that since there are surplus post of B.T. Assistant available in Middle Schools in Pallipattu block the writ petitioner could not be reverted to the post of Middle School Headmaster by issuing reversion order to the junior most teacher holding the post of B.T. Assistant. Government have issued G.O.Ms.No.261 (School Education) Department, dated 20.12.2018 stating that an incumbent cannot claim re-employment whenever surplus posts are available and the said fact was not considered by the writ Court.