Judgment :- 1. The petitioner was appointed as Game Marker without there being any post sanctioned by the Headmaster of Government Girls Higher Secondary School from 15.6.1994 to 31.3.1997. Thereafter he did not attend the School. However, when he came to know that the State Government had directed the sanction of the post of Marker in respect of 227 Markers working in Aided Private Schools, Local Bodies and Government Schools, subsequently by another order 219 Markers were brought under regular time scale of pay, the petitioner came back to the School and on his own claim after a period of three years on 30.6.1999, he was given a post of temporary Games Marker without sanctioned post in Pennagaram Government Girls Higher Secondary School with effect from 1.7.1999. He was paid salary from the school from School Games Fee Fund. 2. Thereafter, the petitioner filed a Writ Petition being W.P.No4151 of 2007 seeking for a direction to consider his case in the light of the Government letter No.235, School Education Department dated 23.11.2006 in respect of 219 posts created for the left out Games Marker. This Court by an order dated 7.2.2007 directed the respondents to consider his representation. In the representation, the petitioner placed reliance upon the letter sent by the State Government to the Director of School Education dated 23.11.2006, wherein it was stated that there were as many as 524 Office Assistant posts were vacant and these Game Markers who were left out can be appointed in these posts after relaxing the relevant Rules. If there is no post vacant, such of those persons can be transferred to the Government Schools where the post was vacant. In that order, it was clearly stated that no person can be appointed as Games Marker by any subordinates of the Director. 3. The petitioner placed reliance upon the recommendation sent by the District Educational Officer, Dharmapuri, wherein he has stated that the petitioner's request was turned down on the ground that his name was not found in the annexure to the G.O as well as the subsequent Government Order and no proposal was pending. After the said letter, the petitioner sent a further communication dated 18.12.2006 and 22.12.2006 and thereafter came to this Court with a Writ Petition as stated earlier. After the said letter, the petitioner sent a further communication dated 18.12.2006 and 22.12.2006 and thereafter came to this Court with a Writ Petition as stated earlier. Pursuant to the order passed by this Court, he was informed that since he already stopped from coming to work from 1.4.1997 and was not in service over a period of three years and thereafter he was reappointed on 1.7.1999 without permission of the government, his request was rejected as he is not one such person within the zone of consideration of the Government Order as well as the letter sent by the State Government. 4. In paragraph 3 of the counter affidavit, it was averred as follows: "While the proposals were called for from the Headmasters for absorbing the temporary Games Markers appointed prior to 1997 in regular time scale of pay, the proposal on behalf the petitioner was not submitted by both of the Headmasters i.e Pennagaram Boys and Girls, since he was continuously absent from duty on the crucial year of 1997, 1.4.1996 to 30.6.1999, and he was not in duty on the crucial year of 1997 fixed by the Government. The Government of Tamilnadu in their letter in Rc.No.13900/E1/2007-1 School Education, dated 21.5.2007 have instructed the Director of School Education, Chennai that no proposals requesting to absorb the Games Marker in regular time scale, on behalf of those appointed after 1997, should be submitted to the Government. The petitioner (after his unauthorized absence from duty from 1.4.1996 to 30.6.1999) is serving in Govt.Girls Higher Secondary School, Pennagaram only w.e.f 1.7.1999 and as such, his request could not be considered according to the above Government Order. In continuation of the Hon'ble High Court judgment dated 7.7.2007, a reply was also given by the Chief Educational Officer, Dharmapuri (2nd respondent) in Rc.No.10248/A4/2006 dated 15.2.2008 based on the directions given by the Director of School Education, Chennai (1st respondent) in L.Dis.No.5513/A5/E1/2008 dated 31.1.2008, explaining the reasons for not able to consider his representation for absorbing him in regular time scale, through the Headmaster, Govt.Girls Higher Secondary School, Pennagaram." 5. In the light of the stand taken by the respondents, there is no case made out. Hence, the Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition is closed.