The Government letter cannot override the Government Order, and relevant rules and judicial pronouncements must be considered in determining eligibility for a teaching post.

The writ petitioner was originally appointed as an Office Assistant on 8. 1981 and was subsequently promoted as Record Clerk on 23. 2000. Later, he was further promoted as Laboratory Assistant on 15. 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 17. 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 17. 1985, without reference to the Government letter dated 112. 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:

“(i) Promotion from II Grade for I Grade and III Grade for II Grade

(ii) If no qualified and suitable candidate is available for appointment by method (i) above,

(a) Direct recruitment, or,

(b) Transfer from any post in the service on an identical scale of pay, or

(c) Promotion from any post in the service on a lower scale of pay, or

(d) Recruitment by transfer from any other service.

Relying on the said rule, petitioner contends that as he is serving as Watchman, which comes under the general subordinate service, is entitled to be promoted as Drawing Master by recruitment by transfer.",

and ultimately held as under:

"9. The contention of the learned counsel for the petitioner that the Government Order issued in G.O.Ms.No.753 dated 17. 1985 is still in force is not controverted. Whether the special rules made by the Tamil Nadu Educational Subordinate Services issued and notified in G.O.Ms.No.753, Education Department on 17. 1985 can be given a go-bye by the Government through Government letter is the matter in issue in this writ petition.

10. A similar issue was considered by me in the decision reported in (2006) 4 MLJ 1027 (K. Sampath v. State of Tamil nadu and Others), wherein I have elaborately considered the validity of the Government letter in the absence of amendment issued to the Government order and held that the Government letter will not over ride the Government Order. In the said judgment I have followed the judgments of the Honourable Supreme Court reported in (2005) 10 SCC 244 (R.P.Bhardwaj v. Union of India and Others), 2004 WLR 805 (P. Jaya v. Union of India and Others) and AIR 1999 SC 59 (Chandraprakash Madhavrao Dadwa v. Union of India), in support of my finding."

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 33. 2006).

4. It is also brought to the notice of this Court that the respondents themselves have considered such similar cases for appointment as Drawing Masters, as it is seen in the proceedings of the Chief Educational Officer, Villupuram in Na.Ka.No.1