K. Tamil Selvi v. Joint Director of School Education
2014-07-24
S.VAIDYANATHAN
body2014
DigiLaw.ai
Judgment : 1. The petitioner has filed this writ petition for the issuance of a Writ of Mandamus, directing the respondents to include the petitioner's name in the panel for promotion to the post of B.T. Assistant (Maths) as on 1.1.2011 issued by the first respondent and communicated by the second respondent in Na.Ka.No.12649/Aa-3/2010 dated 17.11.2011 in the appropriate place with reference to her seniority and grant her all consequential benefits. 2. It is not in dispute that the issue is covered by the decision of this Court in W.P.No.16195 of 2014 dated 23.6.2014. The counsel for the Government submitted that the counselling has been over and the Government has passed a Government Order, promoting all the persons. The Government Advocate states that even though the petitioner is similarly placed, as there is no vacancy, she could not be accommodated and the petitioner would be accommodated in the next vacancy that may arise. Since the post of B.T. Assistant is a promotional one, if the petitioner herein is similarly placed, the benefit of the decision cannot be deprived to her. The petitioner also relied upon paragraph 4 of the decision of this Court in W.P. No.16195 of 2014 dated 23.6.2014 which reads as follows:- “4. The Joint Director of School Education and the Director of School Education are present and on their instructions, the learned Special Government Pleader would submit that as against the order made in W.P.No.15296 of 2013 dated 11.6.2013, a writ appeal has been filed but the same has not been numbered so far. He would further submit that as it has been done in respect of few others complying with the order in W.P.No.15296 of 2013, in respect of the petitioners herein also, similar order would be passed, however, subject to the outcome of the writ appeal. The said undertaking given by the respondents is recorded.” 3.
He would further submit that as it has been done in respect of few others complying with the order in W.P.No.15296 of 2013, in respect of the petitioners herein also, similar order would be passed, however, subject to the outcome of the writ appeal. The said undertaking given by the respondents is recorded.” 3. Taking note of the submissions of the learned counsel for the petitioner that subsequent to the above order of this Court viz., W.P.No.16195 of 2014, the Government has passed the Government Order, accommodating others and that this is a case of promotion to the post of B.T. Assistant (Maths), the respondents are directed to consider the case of the petitioner if she is otherwise eligible, and grant her all the benefits, taking note of the order of this Court, cited supra, and the letter from the Joint Director of School Education (Personnel) in Na.Ka.No.32229/C5/E1/2014 dated 29.6.2014,which is produced before this Court by the counsel for the petitioner to the effect that one C.Padmavathi was granted a similar benefit. 4. The writ petition is disposed of on the above terms making it clear that the same would be subject to the outcome of the writ appeal pending, if any. No costs. Consequently, connected miscellaneous petition is closed.