R RAJA Vs. CHIEF EDUCATIONAL OFFICER, SALEM DISTRICT

JUDGEMENT

(1.) The petitioner is qualified with B.Sc., Physics and B.Ed. He was selected and appointed to the post of B.T. Assistant (Science) in the third respondent School on 09.07.2008. The third respondent School is a Government aided institution and the appointment of the petitioner as BT Assistant (Science) was approved by the Department. The petitioner has also acquired M.Sc.,(Physics) and therefore, he became eligible for promotion to the post of P.G. Assistant in his subject.

(2.) According to the petitioner, the third respondent school has 10 posts of P.G. Assistant sanctioned in various subjects, of which, P.G. Assistant (Physics) is also one of them. The staff pattern was also approved by the Government Department. One P.G. Assistant became vacant due to retirement of an incumbent on 31.05.2018. In that vacancy, the petitioner is entitled to be considered, as he is fully eligible with P.G. qualification in Physics. According to the petitioner, out of 10 posts of P.G. Assistants, only two P.G. Assistants were working and 8 remaining P.G. Assistant posts are lying vacant as on date.

(3.) The third respondent school was under direct payment from 06.02.2013. Subsequently, the order of direct payment came to be revoked and the Management has been restored with the administration of the school with effect from 01.03.2019. Although the School Management has taken over the administration of the school from 01.03.2019, the Management has not considered the claim of the petitioner for his promotion to the post of P.G. Assistant (Physics) in the existing vacancy, as per Rule 15(4) of Tamil Nadu Recognised Private Schools (Regulation) Rules.