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M. S. RAMESH
S. Alfred Xavier – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai-600009 – Respondent
ORDER :
[Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorarified Mandamus, calling for the records of the first respondent bearing G.O.Ms.No.23, Higher Education (I2) Department, dated 25.01.2018 to quash the same insofar as non inclusion of the name of the petitioner above Mr.E.M.Srinivasan in the 28th place and consequently direct the first respondent to incorporate the petitioner name in Serial No.28 in the seniority list above Mr.E.M.Srinivasan for the post of Principal in order to get promotion to the post of Upgraded Senior Lecturer with effect from 03.02.1999, upgraded Head of Department with effect from 03.02.2009 and Principal with effect from 25.01.2018 respectively.]
1. Heard Mr.A.R.Suresh, learned counsel for the petitioner and Mr.T.Chezhiyan, learned Additional Government Pleader for the respondents 1 to 3.
2. The brief facts of the case are as follows:-
2.1. The petitioner herein was originally inducted as an Instructor under the official respondents/Government Polytechnic College on contract basis, with one artificial break between every academic year. The post of Instructor was redesigned thereafter as 'Lecturer'.
2.2
The central legal point established in the judgment is the significance of seniority in promotions and the obligation to consider the senior-most person for promotion before junior employees.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
The main legal point established in the judgment is that the service rendered in the previous cadre should be counted for seniority and promotion in the new cadre, and the absence of evidence regardi....
The main legal point established is that promotions to the post of Secondary Grade Headmaster are based on seniority, as per the directions issued by the court.
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