IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA

and

WMP Nos.3021 & 3024 of 2023

R.Vijayan

Petitioner(s)

Vs

1. The Commissioner

School Education, DPI campus College

Road chennai 600 006

2.The Joint Director

(Higher Secondary) School Education,

DPI Campus College Road chennai 600

006

3.The Joint Director

(personnel) DPI campus College Road

chennai 600 006

4.The Chief Educational officer

Thiruvannamalai

5.The Headmaster

E.Ve. Ra Higher Secondary school,

Vellore, vellore District

6.The Head master

Government Higher secondary school

Kelur Thiruvannamalai District

Respondent(s)

PRAYER:-

This writ petition is filed under Section 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus, calling for the records of the second Respondent in Na.Ka.No. 6451 / W3 / E1 / 2021 dated 25.04.2022 and consequential impugned order of the third Respondent in Na.Ka.No. 26418 / A4 / E3 / 2022 20.01.2023, quash the same and consequently direct the Respondents to permit the petitioner to continue in the post of PG Assistant with all service and monetary benefits.

For Petitioner(s): M/s.Dakshayani Reddy, Standing Counsel for M/s.S.Suneetha For Respondent(s): Mr.S.Prabhakar, GA

ORDER

This Writ Petition has been filed for the following reliefs:-

"calling for the records of the second Respondent in Na.Ka.No. 6451 / W3 / E1 / 2021 dated 25.04.2022 and consequential impugned order of the third Respondent in Na.Ka.No. 26418 / A4 / E3 / 2022 20.01.2023, quash the same and consequently direct the Respondents to permit the petitioner to continue in the post of PG Assistant with all service and monetary benefits.”

2. This case reflects the nonchalant manner in which recruitments, transfers, etc., are dealt with by public authorities. The facts narrated herein below would demonstrate the same.

3. The petitioner was originally appointed as a Typist, with effect from

18.09.2009 and his services in the said post were regularized and probation was also declared. With effect from 30.03.2013, he was promoted to the post of Assistant and his services were also regularized in the said post. Meanwhile, the Government had taken a policy decision to provide for 2 % vacancy in the post of PG Assistant to be filled up by recruitment by transfer from the non-teaching posts in the Education Department provided they were qualified.

4. The petitioner herein is qualified with the B.Sc Mathematics, M.Sc Mathematics and B.Ed. Degrees and therefore, he is fully eligible for the appointment to the post of PG Assistant in Mathematics as per this policy decision of the Government. Consequently, the petitioner was appointed to the post of PG Assistant (Mathematics), vide proceedings of the Second respondent dated 06.02.2021 and was posted at Kelur, Thiruvannamalai District. He had joined the duty on the very same day after being relieved from the post of Assistant.

5. While so, the petitioner had submitted a representation dated

02.02.2022 seeking to relinquish his appointment to the post of PG Assistant and requested to be re-transferred to the post of Assistant. However, despite receiving the said representation by proceedings dated 10.02.2022, the 3^rd respondent had regularized the service of the petitioner as PG Assistant with effect from 06.02.2021. Therefore, the petitioner had presumed that his request for relinquishing the post of PG Assistant was not considered and he continued to work as PG Assistant. The petitioner had sought relinquishment on the ground that the pay scale drawn by his juniors in the post of Assistant was much higher than the pay scale drawn by the petitioner in the post of P.G. Assistant, as the petitioner’s salary was fixed only at the entry level.

6. Parallelly, the respondents acted upon the representation of the petitioner, dated 02.02.2022, by issuing a proceeding dated 25.02.2022, accepting the request for relinquishment with the condition that the petitioner would not seek appointment by transfer to the post of P