K. THIRUPATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have filed this writ petition seeking issuance of a Writ of Mandamus, to direct the Respondents to include the petitioners ' name in the final eligible list of Graduate Teachers eligible for promotion, to the post of Post Graduate Assistants with all consequential and monetary and other benefits.

(2.) Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

(3.) The case of the petitioners is that they have been selected as B.T. Assistant by the Teachers Recruitment Board and posted in the Elementary School Education and subsequently transferred to School Education Department. They made representations to the respondents requesting to take the date of their earliest appointment as the date of their joining for the purpose of selection of promotion panel and accordingly the Directorate of School Education also directed the Education Authorities to prepare promotion selection panel vide proceedings dated 26.07.2019. While so, the Joint Director of Tamilnadu School Education (Higher Education) Chennai vide proceedings dated 17.10.2019, directed the Chief Educational Officer to take the date of appointment and the teachers in the School Education Department from Unit transfer and subject report by 24.10.2019. The grievance of the petitioner is that if this is implemented they would be caused great prejudice since the proceedings are contrary to Section 42 of the Tamilnadu Government Servants (conditions of Service) Act, 2016. Hence the petitioners have come forward with the present Writ Petition.