Partly allowed¶43

R.Munisamy v. The Director of Elementary Education

Madras HC13 Feb 2025WP/18143/2019

Case brief

AI extract

What is this about?

W.P. No. 18143 of 2019; R.Munisamy v. Director of Elementary Education and others; Madras High Court; writ of certiorarified mandamus against order Na.Ka.No.3878/A2/2018 dated 28.05.2019; reversion under Section 11 of the Tamil Nadu Government Servants (Condition of Services) Act, 2016; re-posting as Head Master Panchayat Union Middle School; vacancies in Thally, Shoolagiri and Kelamangalam Unions; union-wise versus State-wise seniority; Telugu medium eligibility; posting order within two weeks; Justice R.N. Manjula; decided 13.02.2025; partly allowed.

What did the court decide?

Second respondent directed to accommodate the petitioner by issuing a posting order placing him in any of the available vacancies pointed out by the petitioner, with orders to issue within two weeks from receipt of a copy of the order; no costs awarded. ¶43

R.Munisamy Vs The Director of Elementary Education — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who was reverted as B.T. Assistant on 12.06.2014 under Section 11 of the Tamil Nadu Government Servants (Condition of Services) Act, 2016 to make way for the fourth respondent, is entitled to be re-posted as Head Master of a Panchayat Union Middle School against available vacancies. +1 more

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Court's answer

Since the petitioner himself has pointed out the vacancies, nothing will prevent the second respondent from accommodating the petitioner immediately in any one of the above places, if the vacancy is available therein.

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Ratio / Principle

The writ petition is partly allowed: the second respondent is directed to accommodate the petitioner by issuing him the posting order, placing him in any of the available vacancies now pointed out by the petitioner, and to issue orders within two weeks from receipt of a copy of this order; no costs.

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Detailed headnote1 paragraphs

Reverted teacher's re-posting ordered where petitioner himself identifies vacancies: The petitioner, a Secondary Grade Assistant regularized on 01.06.2006, promoted B.T.Assistant on 04.07.2008 and Head Master, Panchayat Union Middle School, Chinna Poosaranapalli on 01.11.2010, was reverted as B.T. Assistant on 12.06.2014 under Section 11 of the Tamil Nadu Government Servants (Condition of Services) Act, 2016 to accommodate the fourth respondent, who had relinquished promotion as Assistant Elementary Educational Officer to remain Middle School Head Master. Though entitled to re-posting when a vacancy arose, the petitioner was not restored on the plea that no vacancy existed. His counsel pointed to live vacancies in Thally Union (P.U.M.School, Annayalam; P.U.M.School, Doddabelamathur), Shoolagiri Union (B.Chennasandiram) and Kelamangalam Union (P.U.M.School Gullatti). Holding that nothing prevented the second respondent from accommodating the petitioner immediately in any of the vacancies so pointed out, the Court partly allowed the writ petition and directed the second respondent (District Educational Officer, Krishnagiri) to issue the posting order within two weeks from receipt of a copy of the order. No costs.

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W.P. No. 18143 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.02.2025

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CORAM

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THE HON'BLE Ms. JUSTICE R.N.MANJULA

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W.P. No. 18143 of 2019

R.Munisamy

… Petitioner

-vs-

The Director of Elementary Education DPI, College Road Chennai District.

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The District Educational Officer Krishnagiri District Educational Office Krishnagiri District.

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The District Elementary Educational Officer Krishnagiri District Elementary Educational Office Krishnagiri District.

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V.Sargunam ... Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the entire records which culminated in passing the order bearing reference in Na.Ka.No.3878/A2/2018 dated 28.05.2019 by the 2^nd respondent, and quash the same and consequently directing the respondents 1 to 3 to consider the petitioner for promotion to the post of Head Master Panchayat Union Middle School, Badhimadugu, Veppanapalli Block, Krishnagiri District.

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For Petitioner : Mr.P.Ganesan For Respondents : Ms.P.Rajarajeswari, GA (RR1 to 3) Ms.S.Agalya (R4)

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O R D E R

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The petition has been filed for issuing the writ of certiorarified mandamus calling upon the records pertaining to the order of the second respondent dated 28.05.1990 in Na.Ka.No.3878/A2/2018 dated 28.05.2019 by the 2^nd respondent for appointing the fourth respondent in the post of Head Master of Panchayat Middle School, Pathimadugu and direct the respondents 1 to 3 to consider the petitioner for promotion to the post of Head Master Panchayat Union Middle School, Badhimadugu, Veppanapalli Block, Krishnagiri District.

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2. Heard Mr.P.Ganesan, learned counsel for the petitioner,

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Ms.P.Rajarajeswari, learned Government Advocate for the first to third respondents and Ms.S.Agalya, learned counsel for the fourth respondent and perused the materials placed on record, apart from the pleadings of the parties.

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3. The petitioner was appointed as a Secondary Grade Assistant at Panchayat Union Primary School (Telugu) Segripalli, Krishnagiri District through employment exchange. His services regularized on 01.06.2006 and his probation was also declared on 31.05.2008. The petitioner was promoted as B.T.Assistant on 04.07.2008 and posted in the same school. The petitioner has got his further promotion as Head Master, Panchayat Union Middle School, Chinna Poosaranapalli, Krishnagiri District on 01.11.2010. Thereafter, he was reverted as B.T. Assistant on 12.06.2014 as per Section 11 of the Tamil Nadu Government Servants (Condition of Services) Act, 2016 and gave permission to the fourth respondent. The fourth respondent was posted in that place because he relinquished his promotion to the next level post of Assistant Elementary Educational Officer and to be retained as Middle School Head Master. Since the petitioner is the junior most person in Middle School Head Master post, he was reverted in compliance of Section 11 of the Tamil Nadu Government Servants (Condition of Services) Act 2016. The petitioner is entitled to be re-posted as Head Master of Panchayat Union Middle School as and when the vacancy arises, but the petitioner has not been restored to his position by stating that there was no vacancy, despite there are vacancies. Hence, the petitioner has filed this writ petition for seeking the said relief.

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4. The learned counsel for the petitioner submitted that even without disturbing the fourth respondent posting, there are vacancies available in (1) Thally Union, viz., P.U.M.School, Annayalam and P.U.M.School, Doddabelamathur; (2) Shoolagiri Union viz., P.U.M.School,

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B.Chennasandiram; and (3) Kelamangalam Union viz., P.U.M.School Gullatti and despite that he was not posted in any of the above places.

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5. The learned counsel for the second respondent submitted that as the union wise seniority was allotted earlier the petitioner cannot be posted in any of the places within the union. Now that state wise seniority is allotted, and hence, the petitioner can very well be accommodated when the next vacancy arises.

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6. In this regard, it is appropriate to extract the paragraph 14 of the counter of the second respondent:-

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“14. Aggrieved by the above reply, not knowing the fact that the writ petitioner is eligible to get promotion in only Telugu Medium of Instruction Middle Schools, the writ petitioner again approached the Hon'ble High Court of Madras filing this case

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W.P. No. 18143 of 2019

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expressing the same grievance. As the writ petitioner is eligible to

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get promotion as B.Ed. Grade Middle School Headmaster in Telugu Medium of Instructions Middle Schools only, and in Bilingual (Tamil and Telugu) Medium of Instruction Schools as per combined panel as and when a vacancy arise, he will be given first priority in promotion to B.Ed. Grade Middle School Headmaster [Telugu Medium].”

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Since the petitioner himself has pointed out the vacancy, nothing will prevent the second respondent from accommodating the petitioner immediately in any one of the above places, if the vacancy is available therein.

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7. In view of the above stated reasons, the writ petition is partly allowed by directing the second respondent to accommodate the petitioner by issuing him the posting order by placing him in any of the available vacancies now pointed by the petitioner and issue orders in this regard within a period of two weeks from the date of receipt of a copy of this order. No costs.

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13.02.2025

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Index: Yes/No Index: Yes/No Internet: Yes/No Speaking /Non-speaking order

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Maya