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.

JUDGMENT

(Prayer in W.P.No.25532 of 2015: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to include the name of the petitioner in the panel for promotion to the post of Secondary Grade Headmaster in Serial No.1, as on 01.01.2015 on the basis of the representation dated 10.07.2015 and consequentially promote the petitioner as Secondary Grade Headmistress in the vacancy arose to the post of Secondary Grade Headmistress, due to retirement of Thiru.K.Sivaji, Secondary Grade Headmaster on 31.05.2015 at Kaspa Municipal Elementary School, Gudiyattam.

W.P.No.15221 of 2013: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the entire records connected with the impugned order passed by the second respondent in Na.Ka.No.1791/A5/2013, dated 29.05.2013 and quash the same and direct the second respondent to promote the petitioner as Secondary Grade Headmistress w.e.f. 29.05.2013 with all consequential benefits.)

Common Order:

1. In W.P.No.15221/2013, the petitioner seeks to quash the impugned order passed by the District Elementary Educational Officer, Vellore, dated 29.05.2013, whereby, the 4th respondent viz., M.Eswari was promoted as Primary School Head Master as per the order passed by this court dated 08.10.2012 in W.P.No.15612 of 2012. The petitioner seeks for a direction to the 2nd respondent to promote the petitioner as Secondary Grade Headmistress w.e.f. 29.05.2013.

(b) In W.P.No.25532 of 2015, the petitioner seeks a direction to the respondents to include her name in the panel for promotion to the post of Secondary Grade Headmaster in Sl.No.1 as on 1.1.2015 and to promote as secondary grade headmistress due retirement of K.Sivaji on 31.5.2015.

2. The petitioner joined as Secondary Grade Teacher at Ambur Municipal Primary School on 11.02.2000. On request, the petitioner was transferred to Gudiyattam Municipal School on 19.04.2004. In the seniority list as on 01.01.2013, it is stated that the petitioner''s name was figured in Serial No. 1. While so, a vacancy arose for the post of Secondary Grade Head Master, due to retirement of one Tmt. Rukumani on 31.05.2013 at Municipal Primary School, Thazhiyatham.

3. A General Counselling was conducted for Transfer and Promotion, on 29.05.2013. While so, Tmt.Bhuvaneshwari, Secondary Grade Headmaster, in Municipal Primary School, Cheruvangi was transferred to Thazhiyatham.

4. The 2nd respondent vide impugned proceedings, dated 29.05.2013, had promoted the 4th respondent, namely, Tmt. K.Eswari, as Secondary Grade Headmaster from Panchayat Union Service to Municipal Service, as per the order of this court dated 08.10.2012.

5. According to the learned counsel for the petitioner, the 4th respondent was appointed as Secondary Grade Teacher, on 28.08.1995 at Madurai and on her request, she was transferred to Municipal School Ranipet. Again, on the 4th respondent''s request, she was transferred to Gudiyatham Municipal School. In view of request transfer of the 4th respondent from one union to another union, not once, but twice, she was placed at the bottom of Seniority List at Gudiyatham Municipal School, as per the rules.

6. While the factual position being thus, due to shortfall of student strength, the 4th respondent being last in the seniority list was ordered to go on deployment. The 4th respondent opted to go on deployment from Gudiyatham Municipal School to Gudiyatham Panchayat Union School, and as such, she was transferred on 16.02.1999, Kaliammanpatti Panchayat Primary School. Upon her transfer by way of deployment, the 4th respondent was placed at the bottom of the Seniority List at Panchayat Union school, Gudiyatham. Hence, the 4th respondent, along with one Mrs. M.Nagalakshmi, filed a writ petition, before this Court in W.P. No. 15612 & 15613 of 2012 and W.P.20528 of 2012.

7. It is also averred in the writ petition that