IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.02.2024 CORAM:

THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.6945 of 2017 C.Raman ... Petitioner Vs.

1. The State of Tamilnadu rep. By its Principal secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai – 600 009

2. The Director of School Education, DPI Compound, College Road, Chennai – 600 006

3. The Joint Director of School Education, (Higher Secondary) College Road, Chennai – 600 006

4. The Chief Educational Officer, Saidapet, Chennai – 600 008

5. The District Educational Officer, (South), Egmore, Chennai – 600 008

6. The Correspondent, Chindaripet Higher Secondary School, Chennai – 600 004 ...Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for an issuance of a Writ of Mandamus directing the respondents 1 to 6 to consider the final representation dated 27.01.2017 and upgrade the petitioner as Physical Director Grade I in the 6^th respondent school from the post of Physical Director Grade II from 01.07.1999, as per G.O.Ms.No.525 School Education (D1) Department dated 29.12.1997 with the scale of pay and attendant benefits attached to the post thereto and grant arrears of pay and all other benefits.

For Petitioner : Mr. C.Johnson For Respondents : Mr.L.S.M.Hasan Fizal for R1 to R5 Additional Government Pleader No representation for R6

O R D E R

This Writ Petition has been filed for an issuance of a Writ of Mandamus directing the respondents 1 to 6 to consider the final representation dated 27.01.2017 and upgrade the petitioner as Physical Director Grade I in the 6^th respondent school from the post of Physical Director Grade II from 01.07.1999, as per G.O.Ms.No.525 School Education (D1) Department dated 29.12.1997 with the scale of pay and attendant benefits attached to the post thereto and grant arrears of pay and all other benefits.

2. The case of the petitioner is that he has obtained B.Sc. (Maths Degree) in the year 1982 and B.P.Ed., in the year 1983 and completed B.E.d in the year 1991 and M.P.Ed., degree in June 1999. Subsequently, the petitioner had obtained M.Phil [Phy.Education] degree in the year 2008 and M.Sc., (Psy.,) in the year 2015 and Ph.D. [Physical Education] in the year 2015. According to the petitioner, he was temporarily appointed as Physical Director Grade II, by the 6^th respondent on 06.06.1996 on probation for academic year 1996-1997 and he assumed charge on

06.06.1996 and continued as such in the 6^th respondent school.

3. Subsequently, on 06.06.2006, the petitioner had completed 10 years of service as Physical Education Director Grade II in the 6^th respondent school and he has completed M.P.E.D degree in Physical Education through in Pondicherry University in the year 1999. Further, the 6^th respondent – school is an aided non minority (recognized) school and the petitioner is eligible for the post of Physical Director Grade-I, (P.G.Cadre) as per the instructions contained in G.O.Ms.No.720 Education dated 28.04.1981 and G.O.Ms.No.525 School Education Department dated 29.12.1987 and he has been submitting requisition to the respondents from 23.12.1999 onwards to promote and appoint the petitioner as Grade-I Physical Director in the said school.

4. Thereafter, the 6^th respondent from the date of petitioner's eligibility have been writing to the 2^nd respondent and other respondents informing that he is eligible to be promoted as Physical Director Grade-I. The petitioner submits that on 23.12.1999, he sent a letter to the 3^rd respondent requesting to enter his name in Grade-II Physical Director List maintained in the office of the 3^rd respondent, since the petitioner had M.P.Ed., degree. The petitioner had also stated that in the year 2010, he sent a representation to upgrade him as a Physical Director Grade-I, but the respondents have not considered the representation and the 5^th respondent on 30.09.2010, requested the 6^th respondent-school to send particulars of service of the petitioner