Direct recruitment through TRB not subject to Employment Exchange seniority priority; requires separate consideration for promotion panels.

ORDER

The present Writ Petition is filed challenging the impugned proceedings dated 22.03.2022, inasmuch as the seniority of petitioner has been wrongly fixed pursuant to his transfer from one unit of Adi Dravidar Welfare School to the School of Education Department.

2. Learned counsel for petitioner would submit that petitioner had served in a Matriculation School at Thirupathur during the period 1994 to 1999. During the said period, he had completed B.Ed and M.Ed degrees through correspondence course. Petitioner thereafter applied for appointment to the post of Post Graduate Teacher in Navodaya School. He was selected and posted to Navodaya School in Karnataka, where he served for a period of one year. Petitioner was then selected to the Ministerial cadre through TNPSC Group IV Examination and served as Junior Assistant in the Directorate of College Education during the period 2000 to 2002. During 2002, the Teachers Recruitment Board (TRB) called for applications for filling up the vacancies of Post Graduate Teachers vide Advertisement No.13/2002 by conducting a written examination. Petitioner appeared for the said examination and secured 27^th rank. He was allotted to Adi Dravidar Welfare School at Trichy as Post Graduate Teacher, where he served during 2002 to 2003. He was thereafter transferred to Adi Dravidar Welfare School at Arakonam, Vellore. During 2010, he was transferred to School of Education Department and posted to Government Higher Secondary School, Tiruvallur District, where he served during 2010 to 2013. He was thereafter posted to Government Higher Secondary School at Pennalurpet and later at Kadambattur, Tiruvallur District, since 2013. Petitioner is presently working as Co-ordinator for the Centre at Tiruvallur District for coaching students for competitive examinations.

3. During 2019, nominations were called for drawal of panel for promotion from Post Graduate Teacher to Higher Secondary Headmaster for the year 2019 to 2020 from those Post Graduate Teachers appointed up to the years 2002 and 2003, however, petitioner’s name was not included in the panel. Aggrieved, petitioner submitted his representation dated 21.05.2018 to third respondent herein, which came to be rejected vide order dated 22.03.2022, wherein it was inter alia stated that, in terms of G.O.Ms.No.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976, priority in fixing seniority is applicable only for appointments made through Employment Exchange and thus inapplicable to petitioner who has admittedly been appointed through the Teachers Recruitment Board (TRB).

4. It is the case of petitioner that he ought to have been posted to the Department of School Education instead of Department of Adi Dravidar Welfare School, and necessary amendment ought to have been made in seniority list, and his name ought to have been considered in the panel for promotion to the post of Headmaster, Higher Secondary School. He would also submit that the Chief Educational Officer, Tiruvallur District recommended the case of petitioner to the respondents. Since there was inaction, petitioner submitted his representation dated 21.05.2018. However, as there was inaction on the said representation, petitioner filed a Writ Petition in W.P.No.9624 of 2019, seeking for a direction to consider the said representation and also to consider nominating petitioner while drawing the panel for promotion to the post of Headmaster in Government Higher Secondary School for the year 2019 to 2020.

5. An interim order dated 04.03.2022 came to be passed by this Court in the above Writ Petition stating that the third respondent shall file a rep