Judgment :- (Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to include the petitioner’s name in the panel of the year 2005 to the post of Middle School Headmaster and promote the petitioner as Middle School Headmaster with all consequential benefits.) The prayer in the writ petition is to issue a writ of mandamus directing the respondents to include the petitioner's name in the panel of the year 2005 to the post of Middle School Headmaster and promote as Municipal Headmaster with all consequential benefits. 2. The brief facts necessary for the disposal of this writ petition are as follows: (a) The petitioner passed B.Sc., in the year 1974 and underwent Certificate Training in Agriculture and the petitioner was appointed as Pre Vocational Instructor (Part time) on 20.11.83 by the District Educational Officer. By order dated 28.04.93, the petitioner was appointed as Full Time Vocational Instructor (Agriculture) in a permanent vacancy. By proceedings dated 02.06.93, the petitioner was transferred from Karur District to Perambalur District and posted at Middle School, Ranjankudy. In the year, 1986, the petitioner B.Ed., and qualified himself for the post of BT Assistant and therefore, the petitioner was promoted as BT Assistant-Science by order dated 29.07.99. (b) The post of Middle School Headmaster in Panchayat Union is being filled from among the qualified BT Assistant/Tamil Pandits according to seniority in the Panchayat Union since the Panchayat Union is treated as the unit for promotion and appointment. The petitioner's name was included in the panel for Municipal Middle School Headmaster every year from 2001-2004. Since there was no sanctioned vacancy for Middle School Headmaster, the petitioner was not given promotion. In the year 2005-2006, 5 vacancies arose in the cadre of Middle School Headmaster and a panel was drawn as on 01.01.2005 which has been published by the 3rd respondent on 06.05.2005 wherein the petitioner's name was not included, even though a number of his juniors name have been included. (c) According to the petitioner, the juniors were given promotion as Middle Scheool Headmaster from 01.06.2005 and the petitioner having been left out in the panel, he submitted a representation on 09.05.2005 to include his name and no orders having been passed, the petitioner filed the present writ petition with the above prayer. 3. (c) According to the petitioner, the juniors were given promotion as Middle Scheool Headmaster from 01.06.2005 and the petitioner having been left out in the panel, he submitted a representation on 09.05.2005 to include his name and no orders having been passed, the petitioner filed the present writ petition with the above prayer. 3. A counter affidavit has been filed by the second respondent wherein the third respondent stated that the petitioner's appointment was not regularised and therefore, the petitioner's name was not included in the panel of the year 2005. For proper appreciation, para 5 of the counter affidavit is extracted herein: "I respectfully submit that regarding averments in para 4, the petitoenr has been appointed as Full time pre-vocational Instructor in a regular post with effect from 12.05.1987 by the District Educational Officer, Karur. The proposal for regularization of his appointment with effect from 12.05.1987 has been forwarded to the District Elementary Educational Officer, Karur who has appointed him earlier. The regularization order has not been received from the District Elementary Educational Officer, Karur till this date. It is submitted that the petitioner's name which was included in the panel of promotion list for promotion in the year 2004 has also been cancelled for want of regularization and for orders as to completion of probation order of the first appointment vide Na.Ka.No.962/AA4/dated 15.03.2005 of the District Elementary Educational Officer, Ariyalur. In the absence of regularization order, the name of the petitoenr could not be included in the panel of promotion list for promotion in the year 2005." 4. The learned counsel for the petitioner produced an order passed by the District Elementary Educational Officer, Karur, dated 14.02.2006, wherein the petitioner's service from 12.05.87 is regularised. The said service from 12.05.1987 having been regularised, the objection raised by the third respondent in the counter affidavit no longer subsist. The typed set filed in this writ petition contains the panel prepared for the previous years wherein the petitioner is shown as senior that the other 5 persons whose names are included in the panel of the year 2005 and given promotion. 5. Therefore, there is no dispute with regard to the seniority of the petitioner and the only objection raised by the respondent is for non inclusion of the petitioner's name in the panel of the year 2005 is non regularisation. 5. Therefore, there is no dispute with regard to the seniority of the petitioner and the only objection raised by the respondent is for non inclusion of the petitioner's name in the panel of the year 2005 is non regularisation. The said service having been regularised, the petitioner is entitled to get his name included in the panel of the year 2005 and he is also entitled to get promotion as Middle School Headmaster from the date when his immediate junior was given promotion, since the petitioner is admittedly senior than the other 5 persons. Therefore, the petitioner shall be given promotion as Headmaster from the date of his immediate junior, notionally, without any difference in pay till the date of actual promotion as Middle School Headmaster. 6. The petitioner shall be appointed in the next immediate vacancy as Middle School Headmaster and on such appointment, he will get the salary and other benefits as Middle School Headmaster. The promotion given notionally from the date of petitioner's junior appointment, shall be given for the purpose of seniority in the cadre of Middle School Headmaster and all other purposes including fixing of due salary after the date of promotion. 7. The writ petition is ordered in the above terms. No costs. Consequently, connected W.P.M.P. is closed.