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2008 Supreme(Mad) 89

ELIPE DHARMA RAO, S.R.SINGHARAVELU
Union of India, rep. by its Secretary, Education Department, Pondicherry & Another – Appellant
Versus
The Central Administrative Tribunal, rep. by the Registrar, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioners:Syed Mustafa, Govt. Advocate.
For the Respondent:R2 to R5, C. Chinnasamy, Senior Counsel, E. Sampathkumar, Advocate.

Judgment :-

ELIPE DHARMA RAO, J.

The respondents 3 to 5 are working as Physical Education Teachers in the Schools of Pondicherry and the second respondent is the Physical Education Teachers Association. There is no dispute regarding the fact that the respondents 3 to 5 were appointed as per the Government of Pondicherry Education Department Group-C Posts Recruitment Rules, 1978, prescribed as per G.O.Ms.No.59/78-Edn./SO(E), dated 6. 1978. The qualification prescribed for the post of Physical Education Teacher, as per the said Recruitment Rules of 1978 is SSLC and lower grade certificate in Physical Education and the mode of appointment is by direct recruitment. Thereafter, during the academic year, 1979-80, Higher Secondary School System was introduced in the Union Territory of Pondicherry and the posts of Physical Director/Physical Directress in the scale of pay of Rs.440-750 were created and the Recruitment Rules to the post of Physical Director/Physical Directress were framed vide G.O.Ms.No.11/SO(E)/Edn., dated 2. 1983.

2. Admittedly, the next avenue for promotion to the Physical Education Teachers is to the post of Physical Director/Physical Directress. Subsequent to the appoin
























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