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2016 Supreme(Mad) 2933
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. SATHYANARAYANAN, V.M. VELUMANI, JJ.
The District Elementary Educational Officer, Karur District, Karur – Appellant
Vs.
M. Balasubramani – Respondent
W.A.(MD) Nos.1182 of 2016 and 541 of 2016 and C.M.P.(MD)Nos.7646 and 8338 of 2016
Decided On : 12-09-2016
For the Appellants : Mr. R. Velmurugan
For the Respondents: Mr. B. Saravanan, Mr.M.Ajmal Khan Senior Counsel for M/s Ajmal Associates
Headnote:
Seniority - Reversion - Writ Appeals - [Seniority] - [Reversion] - [Tamil Nadu State and Subordinate Service Rules, Rule 8(a), Employment Exchange seniority, District-wise seniority] - The court considered the revision of seniority and reversion of the writ petitioner without notice, and found that the civil right of the petitioner in the form of seniority cannot be altered to his detriment without affording him any opportunity. The court remitted the matter to the District Elementary Educational Officer for fresh consideration and adjudication, directing notice to the parties and ordering the officer to pass orders on merits and in accordance with the law within a stipulated time.
Fact of the Case:
The writ petitioner filed a writ petition challenging his reversion from the post of Elementary School Head Master to the post of Secondary Grade Teacher. The court found that the reversion was made without notice to the petitioner and altered his seniority without affording him an opportunity.
Finding of the Court:
The court found that the reversion and alteration of seniority without notice to the petitioner were not sustainable. The court remitted the matter to the District Elementary Educational Officer for fresh consideration and adjudication, directing notice to the parties and ordering the officer to pass orders on merits and in accordance with the law within a stipulated time.
Issues: The issues revolved around the revision of seniority and reversion of the writ petitioner without notice, and the failure to remand the matter for fresh consideration after putting the concerned parties on notice.
Ratio Decidendi: The civil right of the petitioner in the form of seniority cannot be altered to his detriment without affording him any opportunity. The court remitted the matter to the District Elementary Educational Officer for fresh consideration and adjudication, directing notice to the parties and ordering the officer to pass orders on merits and in accordance with the law within a stipulated time.
Final Decision: The court partly allowed the writ appeals, set aside the impugned order, and remitted the matter to the District Elementary Educational Officer for fresh consideration and adjudication, directing notice to the parties and ordering the officer to pass orders on merits and in accordance with the law within a stipulated time. The court directed status quo to continue until the officer passes the orders.
M. SATHYANARAYANAN, J.
These Writ Appeals are filed by the third respondent as well as the Official respondents 1 and 2, aggrieved by the order dated 10.03.2016 made in W.P.(MD)No.20615 of 2015. Hence, both the Writ Appeals are disposed of by this common judgment.
2. This Court, for the sake convenience, is adopting the array of parties as in the impugned order passed in W.P.(MD)No.20615 of 2015, dated 10.03.2016.
3. The facts lead to the filing of these Writ Appeals briefly narrated are as follows:
3.1. The Writ Petitioner herein filed the said Writ Petition praying for quashment of the order of the first respondent dated 09.11.2015, in and by which, he has been reverted from the post of Elementary School Head Master, Sengalivalasu, Aravakurichi Union, Karur District to the post of Secondary Grade Teacher at Panchayat Union Middle School, A.Venkatapuram, Aravakurichi Union.
3.2. It is the case of the Writ Petitioner that he was appointed as a Secondary Grade Teacher on consolidated pay at the Panchayat Union Primary School, Periyamalaiyandipatti, Krishnarayapuram Union, Karur District on 20.07.2004. Though his initial appointment was on consolidated pay, he was brought under the time scale of pay on 01.06.2006 and he was transferred to Aravakurichi Union, Karur District on 09.01.2006. It is further submitted that the first respondent published a seniority list of Secondary Grade Teachers for promotion to the post of Primary School Head Master on 01.01.2015 and he was placed at Serial No.38 and another panel was published for the post of Elementary School Head Master as on 01.01.2015, in which, the petitioner was at Serial No.2 and the third respondent viz., S.Senthilkumar was placed at Serial No.20.
3.3. It is further stated by the petitioner that subsequently, the petitioner was promoted to the post of Head Master at Panchayat union Primary School vide proceedings of the first respondent, dated 17.08.2015 and he joined in the said post on 19.08.2015 and he was working in the said post. The petitioner came to understand that the third respondent submitted a representation dated 30.03.2015 to the Official respondents and other Authorities to regularise his services with effect from 03.01.2002 and also confirm the seniority and extend the benefits granted as that of one Kulandhai Rosery Jegan, who was junior to the third respondent in the employment seniority as well as the date of appointment. The third respondent subsequently filed a writ petition in W.P.(MD)No.6177 of 2015 on the file of this Court praying for issuance of Writ of Mandamus directing the first respondent viz., the Secretary to School Education, Government of Tamil Nadu, Chennai to regularise his service as Secondary Grade teacher with effect from 03.01.2002, as was granted by the first respondent in his proceedings dated 21.02.2014 in respect of the similarly placed person. This Court disposed of the Writ Petition by directing the first respondent to consider the representation of the third respondent dated 30.03.2015 and pass orders on merits and in accordance with law within a stipulated time, after affording the opportunity of hearing.
3.4. The petitioner, to his shock and surprise, has received the impugned proceedings of the first respondent dated 09.11.2015 stating that he has been reverted from the post of Elementary School Head Master to the post of Secondary Grade Teacher at Panchayat Union Middle School, A.Venkatapuram, Aravakurichi Union, in compliance of the order passed by this Court in W.P.(MD)No.6177 of 2015. Further, the consequential order was also passed leaving from the said post with a further direction to join the reverted post vide proceedings dated 13.11.2015. The Writ Petitioner, challenging the legality of the proceedings of the first respondent dated 09.11.2015 and the proceedings of the second respondent dated 13.11.2015, had filed the writ petition.
3.5. The said writ petition was entertained and notices were ordered. The first re
