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1 OA/310/00834/2017

CENTRAL ADMINISTRATIVE TRIBUNAL

CHENNAI BENCH

OA/310/00834/2017

Dated this the 28^th day of January, Two Thousand Twenty Six

CORAM :

HON'BLE MR M. SWAMINATHAN. MEMBER (J)

AND

HON'BLE MR. M.L. SRIVASTAVA MEMBER(A)

P. Purushothaman,

S/o K. Balan,

Residing at Saketh,

Mundock, Mahe. .. Applicant

By Advocate Y. Kavitha for M/s. Giridhar & Sai

Vs.

l. Union of India

rep by The Secretary to Government,

Education Department,

Government of Puducherry,

Puducherry.

2. The Director,

Directorate of School Education,

Perunthalaivar Kamarajar Centenary

Educational Complex,

100 Feet Road, Anna Nagar,

Puducherry.

3. The Deputy Director,

Directorate of School Education,

Perunthalaivar Kamarajar Centenary

Educational Complex,

100 Feet Road, Anna Nagar,

Puducherry.

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2 OA/310/00834/2017

4. C. Cavoury

C/o Directorate of School Education

Perunthalaivar Kamarajar Centenary

Educational Complex,

100 Feet Road, Anna Nagar,

Puducherry .. Respondents

By Advocate Mr. R. Syed Mustafa for R. 1 to 3

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3 OA/310/00834/2017

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

This OA has been filed by the applicant seeking the following relief:

“(i) To call for records relating to memorandum

No.13838/DSE/Estt. IV/D/2016, dated 14.11.2016,

rd

issued by the 3 respondent notifying final

seniority in the post of Lecturer and quash the

same

(ii) To call for records relating to order

No.12599/DSE/Estt. II/D/2016, dated 04.01.2017,

nd

passed by the 2 respondent and quash the same.

(iii) To direct the respondents to promote the

applicant to the post of Lecturer (Hindi) w.e.f.

25.08.1997 or in the alternative to appoint him to

the post of Lecturer (Hindi) w.e.f 22.01.1999 with

arrears of pay and allowances and reckon and refix

his seniority in the post of Lecturer (Hindi)

accordingly and with all other consequential

benefits.

(iv) to award costs, and pass such further and other

orders as may be deemed fit and proper and thus

render justice.”

2. The facts which are essential for adjudication of the case are as

follows:

The applicant obtained B.Ed Degree in the year 1988 and completed M.A

(Hindi) during the month of April 1992. He was appointed to the post of

Language Teacher Gr.II w.e.f. 20.10.1989. Pursuant to the amalgamation

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4 OA/310/00834/2017

of the posts of Language Teacher Gr.I and Gr.II, by order, dated

03.06.2008, he was re-designated as Language Teacher (Hindi) (now re-

designated as Trained Graduate Teacher) w.e.f. 25.08.1992. The applicant

further submits that while working as Language Teacher , he participated

st

in the selection for the post of Lecturer and secured 1 Rank in the written

examination and performed exceedingly well in the oral interview.

However, due to the pendency of OA filed by one Mr. K. Thamban

Koyithatta, the applicant was not appointed to the post of the Lecturer but

his batch mates who participated in the selection process along with him

for various other disciplines were selected to the post of Lecturer on

22.01.1999. The Applicant was subsequently appointed to the post of

Lecturer w.e.f. 11.10.1999 and he was placed much below his batch mates

in the seniority list for no fault on his part. Therefore, he submitted several

representation including the representation dated 15.07.2016 to reckon his

date of regular appointment to the post of Lecturer (Hindi) as 22.01.1999,

being the date on which he was selected pursuant to a written examination

and interview along with identically placed selectees in other disciplines in

the Lecturer Post and place his seniority at S.No.449 in the combined

seniority list for the post of Lecturer on par with Lecturers appointed w.e.f.

22.01.1999 with consequential monetary and service benefits. However,

the said request of the applicant was rejected by the order dated

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5 OA/310/00834/2017

04.01.2017, pursuant to the direction of the Tribunal in OA No.1351 of

2016. Hence the present OA.

3. Learned counsel for the applicant submitted that the impugned order

dated 04.01.2017 passed by the 2nd Respondent and the final senior

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