ORDER :

This writ petition has been filed by the petitioner seeking direction to the respondents to appoint him as a Secondary Grade Teacher on regular basis with effect from 03.01.2002, the date on which the petitioner's juniors Sheik Alludin and T.Arunachala Sundaram were appointed regularly on time scale of pay with all consequential benefits including arrears of pay and allowances and continuous seniority.

2. It is the case of the petitioner that during the year 2000-01, steps were taken to fill up vacancies in the post of Secondary Grade Teacher in each District in the Government and Panchayat Union Schools. Based on the registration with the Employment Exchange, he was called for interview on 22.03.2001. Subsequently, by order dated 27.03.2001, it was communicated that he was selected to the post of Secondary Grade Teacher under the third respondent, but he was not given any appointment order. While so, he was issued a show cause notice dated 21.11.2001 calling upon him to explain as to why his employment registration shall be shifted to Madurai. Similarly placed persons approached the Court and obtained a direction to the respondents to consider the names of such persons for appointment to the post in question. Despite the same, the petitioner was not considered for appointment. It is the further case of the petitioner that he was issued with a call letter on 12.04.2004 for appointment to the post of Junior Grade Secondary Grade Assistant Teacher on a consolidated pay of Rs.3,000/-. After verification, he was issued with an order of appointment on 16.07.2004 and he joined duty on 20.07.2004. It is his grievance that the respondents ought to have appointed the petitioner to a regular post of Secondary Grade Teacher on a time scale of pay with effect from 03.01.2002, the date on which his juniors were appointed. Stating so, he has come up with this writ petition for the aforesaid relief.

3. Upon notice, the respondents filed a detailed counter affidavit, inter alia stating that the petitioner was appointed as Secondary Grade Teachers in the year 2004; though the vacancies filled up in the year 2004 are backlog vacancies, the belated appointments were made only due to administrative reasons; he cannot compare himself with the regular appointment which was held on 03.01.2002 and and hence, the claim of the petitioner seeking regularisation with effect from 03.01.2002 during which period he was not at all in service, is untenable.

4. The averments made in the counter affidavit filed by the respondents have been seriously opposed by the learned counsel for the petitioner. He further submitted that the case of the petitioner is similar to that of the petitioner in W.P.No.47929 of 2006, who filed the same for the relief as claimed herein and the said writ petition was disposed of in his favour, by order dated 16.07.2010, which for better appreciation, is extracted below:

“The prayer in the Writ Petition is for the issuance of mandamus directing the respondents to appoint the petitioner as a secondary Grade Teacher on regular basis with effect from 03.01.2002, the date on which the petitioner's junior Mr. Sheik Alludin was appointed on time scale of pay with all consequential benefits including arrears of pay, continuous seniority.

2. The petitioner is native of Karur District. After passing Higher Secondary Course, he obtained a Diploma in Teacher Training and registered his name in the employment exchange of Karur on 12.10.1999 for the post of Secondary Grade Teacher [SGT] and he was assigned Registration Number 3961 of 1999 and later corrected as 4079 of 1999. In the year 2000-01 the department took a decision to fill up vacancies in the post of Secondary Grade Teachers in each district in the Government and Panchayat Union Schools after getting sponsorship from the employment exchange concerned. The petitioner's name was not sponsored based on the employment seniority for appointment in Karur District on the ground that the Distri