JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 02.07.2014 in W.P.No.1161 of 2010.)

R. Vijayakumar, J.

1. The respondents in the writ petition are the appellants herein.

2. The respondent herein as writ petitioner had challenged an order dated 19.07.2006 wherein and whereunder his request for inclusion of his name in the panel for promotion of Middle School Headmaster was rejected.

Factual Matrix:

3. The writ petitioner was originally appointed as a Secondary Grade Teacher in a private aided School on 18.07.1986 and he was conferred with selection grade with effect from 18.07.1996. On the basis of his employment seniority, he was appointed as a Secondary Grade Teacher in Panchayat Union Middle School in Narikudi Union on 11.12.2000. He had resigned from the private aided School with effect from 08.12.2000. On request, the writ petitioner was transferred from Panchayat Union Middle School, Narikudi Union to a Panchayat Union Middle School in Sivakasi Union by way of an order dated 22.07.2001. In the transfer order, it was specifically mentioned that in the transferred union, the writ petitioner will be placed a last person among the probation declared teachers.

4. The writ petitioner had filed WP(MD).Nos.948 and and 4138 of 2011 claiming selection grade and special grade pay scale taking into consideration his services in the private aided school on the basis of G.O.Ms.No.992, Education Department, dated 22.06.1979. Both the writ petitions were allowed on 05.04.2013. The said orders of the writ court were challenged in WA(MD).Nos.No.778 and 779 of 2016 by the official respondents. Both the writ appeals came to be dismissed on 07.09.2017.

5. According to the petitioner, his pay scale in the Panchayat Union School has been revised taking into consideration his past services in the private aided School. Therefore, according to him, considering his seniority and educational qualification, he should be included in the panel for the post of Middle School Headmaster. The petitioner''s request was rejected by the authorities on 19.07.2006 on the following grounds.

(a). The Middle School Headmaster panel is prepared from the combined seniority consisting of Primary School Headsmaster, Tamil Pandit and Graduate Teacher. The writ petitioner does not fall within the feeder category and he is only a Secondary Grade Teacher.

(b).In view of G.O.Ms.No.166, School Education (S2) Department, dated 07.06.1999, his name cannot be included in the promotion panel for the post of Middle School Headmaster. The said order was challenged by the writ petitioner in WP(MD).No.1161 of 2010.

6. In the writ petition, the petitioner had relied upon G.O.Ms.No.333 Education Department dated 14.02.1977 and G.O.Ms.No.992 Education Department dated 22.06.1979 for the purpose of reckoning his services in the private aided School for fixing the seniority. The petitioner had further relied G.O.Ms.No.1550 Education Department dated 20.09.1987 and G.O.Ms.No.13 Education (C2) Department, dated 09.02.2005.

7. The official respondents had filed a counter contending that G.O.Ms.No.333 Education Department dated 14.02.1977 and G.O.Ms.No.992 Education Department dated 22.06.1979 can be relied only to award selection grand and special grade taking into consideration the services of the teachers who had resigned from the private aided School and joined Panchayat Union School. Those two government orders do not in any way relate to reckoning the period of services rendered by the teachers in a private aided School prior to their resignations for seniority or promotion. They have further contended that G.O.Ms.No.13 School Education (C2) Department dated 09.02.2005 fixes the feeder category for the post of Middle School Headmaster only from the Primary School Headmaster, B.Ed./Tamil Teacher. The writ petitioner being a Secondary Grade Teacher does not fall within the feeder category to the post of Middle Sch