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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
R. Amudavalli – Appellant
Versus
The District Elementary Educational Officer, Villupuram,Villupuram District & Others – Respondents
W.P.Nos. 12936, 24632, 30676 & 32286 of 2013 & M.P.Nos. 1,1,2 &2 of 2013
Decided On : 21-07-2023
Seniority Panel - Teacher Transfer - Tamil Nadu State and Subordinate Service Rules - G.O.Ms.No.142 School Education Department - Panel of eligible persons for promotion to the post of B.T. Assistant (Maths) - Rule 35 of the Tamil Nadu State and Subordinate Service Rules
Fact of the Case:
The petitioner, a Second Grade Teacher, filed multiple writ petitions challenging seniority panels, transfer orders, and re-fixing of her seniority in the cadre of Secondary Grade Teacher. The court heard the arguments and examined the records.
Finding of the Court:
The court found that the petitioner's appeal for re-fixing her seniority was rightly rejected as it was made after the prescribed period. The petitioner's inclusion in the panel for promotion was not feasible due to late entry of her B.Ed. degree in the service register. The transfer of other teachers and the petitioner's exclusion from the panel were found to be in accordance with the rules and administrative grounds.
Issues: The issues revolved around the petitioner's seniority, inclusion in the promotion panel, and challenges to transfer orders of other teachers.
Ratio Decidendi: The court relied on Rule 35 of the Tamil Nadu State and Subordinate Service Rules, G.O.Ms.No.142 School Education Department, and the instructions of the Director of Elementary Education, Chennai, to determine the validity of the petitioner's claims and the actions of the authorities.
Final Decision: The court dismissed all the writ petitions, finding them lacking in merits, and closed the connected miscellaneous petitions without any order as to costs.
JUDGMENT
(Prayer in W.P.No.12936 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Panel issued by the second respondent in his proceedings No.Nil, dated Nil, drawn as on 01.01.2013 and quash the same, insofar as the place of the third respondent is concerned and direct the respondents 1 and 2 to consider the petitioner for promotion to the post of B.T.Assistant.
W.P.No.24362 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the third respondent in his proceedings Na.Ka.No.245/A/1/2013 dated 01.07.2013 and quash the same and direct the respondents to promote the petitioner as B.T. Assistant (Mathematic) in any one of the Panchayat Union Middle Schools at Gingee Union, Villupuram District, on the bais of the Panel drawn for the year 2013-2014 and confer all the consequential benefits to the petitioner.
W.P.No.30676 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the third respondent in his proceedings Na.Ka.No.4155/A3/2012 dated 02.09.2013 and quash the same and direct the respondents to promote the petitioner as B.T. Assistant (Mathematic) in any one of the Panchayat Union Middle Schools at Gingee Union, Villupuram District, on the basis of the Panel drawn for the year 2013-2014 and confer all the consequential benefits to the petitioner.)
W.P.No.32286 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent in his proceedings Na.Ka.No.1429/A2/2013 dated 15.10.2013 and quash the same, and direct the respondents to revise the seniority of the petitioner in the cadre of Secondary Grade Teacher placing the petitioner below the approved probationer for the year 2009 and above the third respondent and consequently direct the respondents to promote the petitioner as B.T. Assistant and confer all the consequential benefits.)
1. All the Writ Petitions are filed by the same petitioner. The writ petition in W.P.No.12936 of 2013 has been filed challenging the seniority panel issued by the second respondent. The Writ Petition in W.P.No.24632 of 2013 has been filed challenging the order of the fourth respondent''s transfer from Rishivandiyam union to Gingee union of Villupuram District. W.P.No.30676 of 2013 has been filed challenging the 4th respondent''s transfer order who was transferred from Vallam union to Gingee union of Villupuram District. Subsequently, the respondents 5 & 6 are impleaded themselves as parties. W.P.No.32286 of 2013 has been filed challenging the order passed by the second respondent dated 15.10.2013 thereby rejecting the request to re-fix the seniority of the petitioner in the second grade teacher placing the petitioner below the approved probationer for the year 2009.
2. The petitioner was selected and appointed by the Teachers Recruitment Board as Second Grade Teacher on 28.07.1995 and posted in Panchayat Union Elementary School in Acharapakkam Union, Kancheepuram District. While she was in probation period, due to her family circumstances, she sought for transfer to Chennai Corporation. Therefore, she was transferred to Chennai Corporation without any break in service on 01.08.1996. Thereafter her probation was declared by the proceedings dated 07.02.2007 with effect from 01.08.1998.
3. Since the petitioner got married and and her husband was also working as B.T. Assistant in Gingee Union, she requested for transfer and on mutual transfer the petitioner got transfer to Panchayat Union Middle School, Othiyathoor, in the Gingee. At that time, the third respondent in W.P.No.12936 of 2023
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.
Direct recruitment through TRB not subject to Employment Exchange seniority priority; requires separate consideration for promotion panels.
The main legal point established in the judgment is that voluntary departmental transfer may result in the forfeiture of seniority in the previous department, and the seniority in the new department ....
Non-consideration of representations made to a Statutory Authority amounts to dereliction of duty, justifying the court's invocation of extraordinary powers under Article 226 of the Constitution of I....
As per learned Deputy Government Counsel, promotion has no relevance in factual matrix of present case, and same is also of no consequence, as far as case of present petitioners is concerned.
A writ petition becomes infructuous when the relief sought has already been granted, making further adjudication unnecessary.
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