IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. No.3902 of 2024 S.Kumar Petitioner Vs

1. The State of Tamil Nadu Rep. by its Principal Secretary to Government School Education Department Secretariat, Fort St George, Chennai 600 009.

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

3.The Chief Educational Officer Villupuram District, Villupuram.

4.The District Educational Officer (Secondary)

Tindivanam Educational District Villupuram District

5.The Secretary Sri Sivaprakasa Swamigal Aided Higher Secondary School Mailam Tindivanam 604 304 Villupuram District.

6.S. Baskaran Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records relating to the impugned proceedings issued by the 3^rd Respondent in Na.Ka.No 8900/A4/

2023 dated 02.02.2024 and to quash the same For petitioner : Mr. G. Sankaran Senior Counsel for Mr.S. Nedunchezhiyan For respondents : Mr.P. Balathadayutham Spl. Govt. Pleader for RR1 to 4 Mr.P. Ganesan for R5 R6 – No appearance

ORDER

This writ petition has been filed seeking quashment of impugned proceedings issued by the 3^rd Respondent in Na.Ka.No 8900/A4/ 2023 dated

02.02.2024.

2. It is stated that the petitioner, possessed qualifications of B.Sc., M.Sc.

(Botany) and B.Ed., was appointed as Secondary Grade Teacher on 06.09.2001 under G.O.Ms.No.301, dated 15.10.1999 and has been handling Science classes for Standards VI to X. It is the grievance of the petitioner that though the post of Secondary Grade Teacher stood upgraded pursuant to G.O.Ms.No.79 dated

14.06.2002 and subsequent G.O. viz., G.O.Ms. No.100 dated 27.06.2003 to fill up the teaching posts, he was not appointed as B.T. Assistant that too when the vacancy arose in the year 2009 and was granted time scale of pay in the post of B.T. Assistant only with effect from 14.10.2015.

3. Further, it is averred that based on staff fixation for the year 2022–23, he was declared surplus and was ordered to be deployed by proceedings dated 09.06.2023. Though the said deployment was initially challenged by him by way of Writ Petition viz. W.P. No.20108 of 2023, the same was withdrawn based on the assurance of reconsideration. Subsequently, he filed another writ petition viz., W.P. No.33118 of 2023 seeking appropriate directions with regard to cancellation of deployment order. Later, the said writ petition was also disposed of by issuing directions to the 5^th respondent to consider the claim of the petitioner. Pursuant to the said directions, the 5^th respondent granted seniority to him in the cadre of B.T. Assistant with effect from 01.06.2002 and declared the 6^th respondent, appointed in 2009, as junior to the petitioner. In such a situation, a proposal was submitted to the 3^rd respondent seeking revised orders by cancelling the earlier deployment order dated 09.06.2023. However, the 3^rd respondent, vide proceedings dated 02.02.2024, refused to cancel the deployment order citing pendency of writ appeals, which is impugned herein.

Challenging the same, this writ petition has been filed.

4. Learned Senior Counsel appearing for the petitioner submitted that the petitioner is the senior-most B.T. Assistant in the 5^th respondent School at Mayilam and that, in view of the regularisation and fixation of seniority, the junior-most teacher alone ought to have been deployed. He strongly argued that instead of deploying the junior-most teacher, the petitioner has been ordered to be transferred from Mayilam, Tindivanam District to Thiruvennainallur, Villupuram District.

5. Per contra, learned Special Government Pleader appearing for the respondents 1 to 4 submitted that deployment has been ordered strictly in accordance with the prevailing staff fixation and that the grant of seniority from 01.06.2002 is itself under challenge in writ appeals. He further argued that no vested right accrues to the petitioner to insi