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MUMMINENI SUDHEER KUMAR
P. Kalaiarasan – Appellant
Versus
Director of School Education, Chennai – Respondent
JUDGMENT :
MUMMINENI SUDHEER KUMAR, J.
Prayer: Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in his proceedings in Na. Ka. No. 62909/W2/E1/2019 dated 08.11.2019 and quash the same and direct the respondents to promote the petitioner as P.G. Assistant Physics by fixing the seniority from the date of initial appointment i.e. 09.07.2004 and promote from the date on which his juniors were promoted and confer all the consequential benefits.
1. The petitioner herein was appointed as Junior Grade B.T. Assistant on consolidated pay on 01.07.2004 and thereafter, brought into regular time scale with effect from 01.06.2006. Thereafter, in the year 2007, the school in which the petitioner was working viz. Panchayat Union Middle School, Kavarapattu, Thanjavur District was upgraded as High School and the petitioner was also absorbed into the post of B.T. Assistant in the High School Service as per the proceedings dated 10.08.2007 issued by the 3rd respondent. According to the petitioner, he was fully qualified for promotion to the post of P.G. Assistant (Physics), a
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 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 ....
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
Promotions should be based on merit and ability, with seniority being considered only when merit and ability are approximately equal, as per Rule 15(4) of the Tamil Nadu Recognised Private Schools (R....
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