The main legal point established in the judgment is that the annual list of approved candidates for promotion must be drawn up with reference to the crucial date of January 1st of every year, and qualified candidates must be included in the appropriate seniority position. The court also emphasized that the date of entering into the services determines seniority and position in the promotion panel.

JUDGMENT

(Prayer: W.A.Nos.425, 426 and 493 of 2022: Writ Appeals have been filed under Section 15 of Letter of Patent, to set aside the Judgment dated 10.01.2022 in W.P.No.4973 of 2021 and allow the Writ Appeal.

W.A.Nos.427, 428 and 492 of 2022: Writ Appeals have been filed under Section 15 of Letter of Patent, to set aside the Judgment dated 10.01.2022 in W.P.No.4981 of 2021 and allow the Writ Appeal.)

Common Judgment:

D. Bharatha Chakravarthy, J.

1. Two Writ Petititons in W.P.Nos.4973 & 4981 of 2021 were allowed by a common judgment dated 10.01.2022 by the learned Single Judge, quahsing the proceedings dated 05.02.2021 and the consequential seniority list issued on 19.02.2021, whereunder the respondents 4 & 5 in the said Writ Petitions were placed as No. 1 and 2 in the panel for promotion as B.T.Assistant – Science and consequently directed the respondents to conduct promotion counselling for the vacancies arose in the year 2020, on the basis of the panel dated 17.03.2020 and to grant promotion to the petitioners as B.T.Assistant-Science, with all attendant benefits.

2. Aggrieved by the said order of the learned Single Judge, the respondents No.4 & 5, whose promotions were set aside, filed the Writ Appeals in W.A. Nos.425 to 428 of 2022. The official respondents, namely, the Elementary Education Director, D.P.I. Campus, Chennai, the District Educational Officer, Villupuram District, the Block Educational Officer, Kolianur Block,Villupruam District, have filed the Writ Appeals in W.A.Nos.492 and 493 of 2022. Since all these appeals are against the same common judgment of the learned Single Judge, canvassing the same submissions, are all taken up together for disposal by this common judgment.

3. For the sake of convenience and clarity the parties are referred to as per their array in the writ petitions.

4. The Writ Petitioner in W.P.No.4973 of 2021, namely, S.Rajavardhanan and W.P.No.4981 of 2021, namely, S.Sangeetha, were working as Secondary Grade Teachers. They acquired degree in Chemistry and Physics respectively and became qualified to be considered for promotion to the next higher post of B.T.Assistant -Science, in the year 2017. According to their turn, their names were included in the promotion panel, which was issued on 17.03.2020 and their names figured as in Serial No.1 and 2 respectively. There were two vanancies in the year 2020 and they ought to have been promoted. Due to Covid-19 pandemic situation, promotions were not effected. Subsequently, in the year 2021, the respondents again issued published a panel on 19.02.2021. In the said panel, the fourth respondent in the said Writ Petition viz., L.Sundararajan, was placed in Serial No.1 and the fifth respondent viz., R.Bhuvaneshwari, was placed in Serial No.2. The Writ Petitioners were relegated to Serial No.3 & 4, respectively. The reason being that, by then, the above mentioned L.Sundararajan, and R.Bhuvaneshwari, had acquired requisite qualifications. The Writ Petitioners made representations that they must be promoted first ahead of the above said respondents No.4 & 5, which did not invoke any positive response and therefore, the aforesaid Writ Petitions were filed.

5. A counter affidavit was filed by the official respondents 1 to 3, resisting the Writ Petitions by stating that as per Rule 8 of the Special Rules for the Tamil Nadu Elementary Education Subordinate Service, the annual list of approved candidates have to be drawn up for every year. As per Rule 4 of the Tamil Nadu Subordinate Services, the seniors, if any, who have subsequently technically qualified can be included and appropriately in the list, according to their seniority. Therefore, it was contended that the earlier panel though formed in the year 2020, since because of the extraordinary situation prevailing due to Covid 19 pandemic, no promotions were effected and therefore, as per the Rule 8, the fresh panel has to be drawn up with reference to the crucial date of 01.01.2021 and accordingly, the earlie