The court held that seniority and requisite qualifications govern promotion, with junior candidates ineligible for retrospective elevation.

ORDER

This Writ Petition has been filed challenging the impugned order passed by the 2^nd respondent in Na.Ka.No.0754/Aa3/2020 dated 21.07.2020, and for a direction to the respondents to give promotion to the petitioner to the post of Headmaster of Middle School from the date of promotion of the 4^th respondent, and consequently, above the seniority of the 4^th respondent in the cadre of Headmaster of Middle School.

2. The case of the petitioner is that, he joined as Secondary Grade Assistant on 05.10.1988 in Kurinjipadi Union. Thereafter, he was transferred to Parangipettai Panchayat Union. Now, he is working as B.T. Headmaster of Middle School from 29.06.2012. He possesses B.Sc. and M.Ed. Degree. The 4^th respondent was promoted to the post of Headmaster of Middle School though he did not have the required educational qualification for the said post. The minimum educational qualification for the post of Headmaster of Middle School is a Degree and B.Ed., or B.Litt. Admittedly, the 4^th respondent does not have a B.Ed. Degree. All the more, for the same reason, though the panel was drawn for the year 2002-03 for the post of Headmaster of Middle School, the petitioner's name was not included though he was senior enough. Surprisingly, in the year 2004 alone, the petitioner's name was included in the panel, which was challenged by the petitioner by way of W.P.No.19956 of 2004 before this Court, but the same was disposed of by giving liberty to the petitioner to make representation to the concerned authorities, and that they had to consider the same and pass orders on merit. The said order of this Court in W.P.No.19956 of 2004 was challenged by the petitioner by way of W.A.No.4249 of 2019 before the Division Bench of this Court. However, the Learned Division Bench of this Court was pleased to dispose of the above said Writ Appeal, giving liberty to the petitioner to approach the concerned authority by way of representation, and such representation shall be given within a period of six weeks from the date of that order, and the same shall be disposed of within a period of three months thereafter. Accordingly, the petitioner made a representation to the 2^nd respondent viz. District Educational Officer, Chidambaram on 03.02.2020. However, the 2^nd respondent rejected his claim vide impugned order dated 21.07.2020, on the ground that, he had been promoted as B.T. Assistant, and as such, he was not entitled to the post of Headmaster of Middle School with antedate. Aggrieved by the said order, the petitioner has filed the above writ petition before this Court.

3. The 2^nd respondent has filed a counter affidavit, wherein it is stated that, the 4^th respondent namely V.Pasupathi was appointed as Secondary Grade Teacher on 22.02.1984, whereas the petitioner was appointed as Secondary Grade Teacher on 05.10.1988. Hence, the petitioner is junior to the 4^th respondent. The 4^th respondent possesses B.Lit., M.A., (Tamil) and Diploma in Teacher Education. The said educational qualification is eligible for promotion to the post of Middle School as per the Special Rules for the Tamil Nadu Elementary Education Sub-ordinate Service issued vide G.O.(Ms) No.1383/Education (PUS-I) Department, dated 23.08.1988. Hence, the 4^th respondent's name was included in the panel as on 01.01.2004. It is further stated that, the name of the petitioner had found place in the panel prepared for the year 2005 as on 01.01.2005. In this panel, the 4^th respondent's name was placed in Sl.No.1, whereas the petitioner's name was placed in Sl.No.30. It is also stated that, as on 01.01.2010 panel, the name of one P.Vasanthi was placed in Sl.No.1, whereas the petitioner's name was placed in Sl.No.12. As per the seniority, the petitioner was promoted as Mi