Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 772 (MAD)

G. Balaji v. Government of Tamil Nadu

2014-03-26

D.HARIPARANTHAMAN

body2014
Judgment : 1. Heard both sides. With the consent of both parties, the writ petition is taken up for final disposal, since the matter is squarely covered by various decisions of this Court. 2. The petitioner passed Diploma in Teacher Education on 22.07.1991, after passing S.S.L.C. The duration for the said course was two years. He was appointed as Secondary Grade Teacher on 27.07.1999, by the proceedings of the District Elementary Educational Officer, Tiruvannamalai, the third respondent herein. Thereafter, he passed B.A. (Tamil) Literature in the year 2007 and M.A (Tamil) in the year 2009. He was promoted as Panchayat Union Elementary School Headmaster on 08.09.2001, by the third respondent. The next avenue of promotion to the post of Primary School Headmaster is Middle School Headmaster. The petitioner was included in the panel dated 01.01.2013, for promotion to the post of Middle School Headmaster. He ranks at S.No.5 in the said panel. However, he was not given promotion, while the others, who ranked below him are promoted. Therefore, he has filed the present writ petition challenging the order of promotion given to his junior and also sought for a direction to the respondents 1 to 4 to promote him as Middle School Headmaster. 3. Though notice was served on the fifth respondent, the junior to the petitioner, who was given promotion as Middle School Headmaster, he has not chosen to appear either in person or though counsel. Hence, I am inclined to pass orders on merits. Further, it is made clear that this order could not materially affect the fifth respondent. 4. The learned Government Advocate has submitted that the petitioner was not given promotion as Middle School Headmaster though he was included in the panel on the ground that he did not pass +2 examination. 5. However, as rightly contended by the learned counsel for the petitioner, this court, in various judgments, has held that a pass in Diploma in Teacher Education is sufficient for granting promotion to the post of Primary School Headmaster or Middle School Headmaster and the Department shall not insist for a pass in +2 examination. In this regard, the common order dated 02.07.2012 passed by this Court in W.P.Nos.25432 of 2011 and etc., batch, relied on by the learned counsel for the petitioner is directly on the point. 6. In this regard, the common order dated 02.07.2012 passed by this Court in W.P.Nos.25432 of 2011 and etc., batch, relied on by the learned counsel for the petitioner is directly on the point. 6. Later, another learned Judge has passed an order dated 10.09.2012 in W.P.Nos.24495 to 24497 of 2012 on similar lines. In this regard, para 4 of the said order dated 10.09.2012 is extracted hereunder : "4. The learned counsel for the petitioners would bring to my notice the common order passed in a batch of writ petitions by the Hon'ble Ms. Justice K.Suguna in W.P.Nos.25432 of 2011 and etc., batch cases dated 02.07.2012 wherein, the learned Judge after having considered elaborately all the above aspects, including the instruction impugned in these writ petitions, has held that the Teacher Training Course should be construed to be equivalent to Higher Secondary Course (+2) and therefore, though the petitioners therein had not undergone Higher Secondary Course (+2), they will be entitled for promotion as B.T. Assistants, since the U.G and B.Ed., degrees obtained by them after completing the Teacher Training Course is sufficient qualification for such promotion. In my considered opinion, the petitioners who stand in the similar footing are also entitled for the same relief." 7. I have also passed similar orders following those judgments. Furthermore, the petitioner also has passed +2 examination in May 2011. Therefore, there is no impediment for the respondent Department to promote the petitioner as Middle School Headmaster. 8. In these circumstances, the writ petition deserves to be allowed. However, I am not inclined to quash the order promoting the fifth respondent, the junior to the petitioner and on the other hand, I have chosen to issue direction to the respondents. Accordingly, the third respondent is directed to promote the petitioner as Middle School Headmaster from the date on which his immediate junior was promoted, on notional basis, within a period of four weeks from the date of receipt of a copy of this order. 9. The writ petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.