Promotions and reversions must respect procedural fairness, including notice requirements, as failing to do so constitutes a legal violation.

ORDER :

T. Vinod Kumar, J.

Heard the learned counsel for the petitioner, and the learned Government Advocate for respondents 1 to 3, and perused the records.

2. Despite service of notice to the fourth respondent and her name being printed in the cause list, there is no representation either in person or through counsel.

3. The case of the petitioner, in brief, is that she joined as a Secondary Grade Teacher on 26.12.1988 and was subsequently promoted to different levels; and that while working as a B.T. Assistant (English) at a Panchayat Union Middle School, she was promoted as Headmaster of the Panchayat Union Middle School, Periyanargunam, Bhuvanagir Union, Cuddalore District, vide proceedings dated 15.05.2017 issued by the second respondent, and was granted the pay scale applicable to a B.T. Headmaster, Panchayat Union Middle School. It is the further case of the petitioner that all of a sudden, she was issued with an order of reversion dated 09.07.2019 by the second respondent, reverting her from the post of Middle School Headmaster to the post of B.T.Assistant (English), which position she had held prior to her promotion in May 2017.

4. The petitioner further contended that although the respondents undertook the exercise of re-fixing seniority pursuant to the objection raised by one T.M.T. Devasena, who was originally placed below the petitioner in the seniority list, and after considering the objection, placed her at Serial No.4 in the seniority list as on 01.01.2019 resulting in the petitioner’s seniority being altered from Serial No.17 to Serial No. 18, such alteration by itself did not result in the cancellation of the petitioner’s promotion to the post of Headmaster or warrant her reversion to the post of B.T.Assistant (English).

5. It is further contended that the respondents, by considering the request made by the fourth respondent herein, who was working as a Block Educational Officer for appointment as Middle School Headmaster, reverted the petitioner to the post of B.T. Assistant (English) without protecting her pay, without issuing any notice, and without taking note of the fact that such reversion would result in a reduction of the petitioner’s scale of pay. The said action of the respondents, it is contended, is illegal, arbitrary, and also contrary to the law laid down by this Court in W.A.No.210 of 2009 and also in the decision of this Court in W.A.No.2444 of 2018 dated 23.11.2018.

6. Counter affidavit is filed on behalf of the respondents 1 to 3.

7. The respondents 1 to 3, by their counter affidavit, contended that as per the Government Order, the General Transfer Counselling was conducted on 09.07.2019; that in accordance with the guidelines issued by the Director of Elementary Education, Chennai dated 28.06.2019, the fourth respondent opted for transfer to the post of B.T.Middle School Headmaster; that the parent Unit of Establishment of the fourth respondent is Bhuvanagiri Union; and that with a view to accommodate the fourth respondent as B.T.Middle School Headmaster in Bhuvanagiri Union, the seniority among the B.T.Middle School Headmaster in Bhuvanagiri Union as on 01.01.2019 was examined; and that on account of the requirement to accommodate the fourth respondent who is senior to petitioner, the petitioner was placed at Serial No.18 in the seniority list. Consequently, as the petitioner was the junior- most in the cadre of B.T.Middle School Headmaster in Bhuvanagiri Union as on 01.01.2019, the petitioner was reverted from the post of B.T.Middle School Headmaster to the post of B.T.Assistant (English), Panchayat Union Middle School, as per the proceedings of the second respondent da