JUDGMENT (Prayer in W.P.No.25532 of 2015: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to include the name of the petitioner in the panel for promotion to the post of Secondary Grade Headmaster in Serial No.1, as on 01.01.2015 on the basis of the representation dated 10.07.2015 and consequentially promote the petitioner as Secondary Grade Headmistress in the vacancy arose to the post of Secondary Grade Headmistress, due to retirement of Thiru.K.Sivaji, Secondary Grade Headmaster on 31.05.2015 at Kaspa Municipal Elementary School, Gudiyattam. W.P.No.15221 of 2013: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the entire records connected with the impugned order passed by the second respondent in Na.Ka.No.1791/A5/2013, dated 29.05.2013 and quash the same and direct the second respondent to promote the petitioner as Secondary Grade Headmistress w.e.f. 29.05.2013 with all consequential benefits.) Common Order: 1. In W.P.No.15221/2013, the petitioner seeks to quash the impugned order passed by the District Elementary Educational Officer, Vellore, dated 29.05.2013, whereby, the 4th respondent viz., M.Eswari was promoted as Primary School Head Master as per the order passed by this court dated 08.10.2012 in W.P.No.15612 of 2012. The petitioner seeks for a direction to the 2nd respondent to promote the petitioner as Secondary Grade Headmistress w.e.f. 29.05.2013. (b) In W.P.No.25532 of 2015, the petitioner seeks a direction to the respondents to include her name in the panel for promotion to the post of Secondary Grade Headmaster in Sl.No.1 as on 1.1.2015 and to promote as secondary grade headmistress due retirement of K.Sivaji on 31.5.2015. 2. The petitioner joined as Secondary Grade Teacher at Ambur Municipal Primary School on 11.02.2000. On request, the petitioner was transferred to Gudiyattam Municipal School on 19.04.2004. In the seniority list as on 01.01.2013, it is stated that the petitioner''s name was figured in Serial No. 1. While so, a vacancy arose for the post of Secondary Grade Head Master, due to retirement of one Tmt. Rukumani on 31.05.2013 at Municipal Primary School, Thazhiyatham. 3. A General Counselling was conducted for Transfer and Promotion, on 29.05.2013. While so, Tmt.Bhuvaneshwari, Secondary Grade Headmaster, in Municipal Primary School, Cheruvangi was transferred to Thazhiyatham. 4. The 2nd respondent vide impugned proceedings, dated 29.05.2013, had promoted the 4th respondent, namely, Tmt. Rukumani on 31.05.2013 at Municipal Primary School, Thazhiyatham. 3. A General Counselling was conducted for Transfer and Promotion, on 29.05.2013. While so, Tmt.Bhuvaneshwari, Secondary Grade Headmaster, in Municipal Primary School, Cheruvangi was transferred to Thazhiyatham. 4. The 2nd respondent vide impugned proceedings, dated 29.05.2013, had promoted the 4th respondent, namely, Tmt. K.Eswari, as Secondary Grade Headmaster from Panchayat Union Service to Municipal Service, as per the order of this court dated 08.10.2012. 5. According to the learned counsel for the petitioner, the 4th respondent was appointed as Secondary Grade Teacher, on 28.08.1995 at Madurai and on her request, she was transferred to Municipal School Ranipet. Again, on the 4th respondent''s request, she was transferred to Gudiyatham Municipal School. In view of request transfer of the 4th respondent from one union to another union, not once, but twice, she was placed at the bottom of Seniority List at Gudiyatham Municipal School, as per the rules. 6. While the factual position being thus, due to shortfall of student strength, the 4th respondent being last in the seniority list was ordered to go on deployment. The 4th respondent opted to go on deployment from Gudiyatham Municipal School to Gudiyatham Panchayat Union School, and as such, she was transferred on 16.02.1999, Kaliammanpatti Panchayat Primary School. Upon her transfer by way of deployment, the 4th respondent was placed at the bottom of the Seniority List at Panchayat Union school, Gudiyatham. Hence, the 4th respondent, along with one Mrs. M.Nagalakshmi, filed a writ petition, before this Court in W.P. No. 15612 & 15613 of 2012 and W.P.20528 of 2012. 7. It is also averred in the writ petition that due to promotion of Nagalakshmi as Secondary Grade Headmaster in the Municipal School, for want of vacancy one K.Vairam was reverted from the post of Secondary Grade Headmaster to Secondary Grade Teacher by an order dated 29.05.2013 and the same was challenged in W.P.No.14993 of 2013. 8. It is admitted by both sides that by order dated 08.10.2012, this court allowed the W.P.Nos.20528, 15612 and 15613 of 2012, wherein, K.Eswari and M.Nagalakshmi are the petitioners and apart from official respondents, respondents 4 to 15, names of teachers in the seniority list are shown as party respondents. 9. 8. It is admitted by both sides that by order dated 08.10.2012, this court allowed the W.P.Nos.20528, 15612 and 15613 of 2012, wherein, K.Eswari and M.Nagalakshmi are the petitioners and apart from official respondents, respondents 4 to 15, names of teachers in the seniority list are shown as party respondents. 9. It is a matter of record that by a Common Order, dated 08.10.2012, this Court set aside the rejection order dated 15.06.2012, passed by the District Elementary Educational Officer, Vellore and directed the respondents to fix the seniority of the 4th respondent herein and Mrs. Nagalakshmi in the appropriate place, as on 01.01.2012, based on their original date of appointment and directed the respondents to give all further benefits such as promotions etc. 10. The 2nd respondent-District Elementary Educational Officer, Vellore, filed counter affidavit. The learned special Government Pleader appearing for the respondents reiterating the submissions in the counter, would submit that 4th respondent-Eswari was promoted as Primary School Head Master as per the revised seniority list prepared as per the directions of this court in the common order in W.P.Nos.15612, 15613 and 20528 of 2012 dated 08.10.2012, wherein there was a direction to revise the seniority list as per the first date of joining in the post of Secondary Grade Teacher. The seniority position of the petitioner and the said Eswari is as follows:- 1. Priya (Writ Petitioner) Date of joining 11.02.2000 2. Eswari (4th respondent) Date of joining 28.08.1995. As far as Nagalakshmi is concerned, she was initially appointed with Gudiyatham Municipal Block and subsequently deployed. When Eswari challenged the seniority list, this court by order dated 08.10.2012 in WP.No.15612, 20528 of 2012, allowed the writ petition and directed the second respondent “to fix the seniority of the petitioners in the appropriate place as on 01.01.2012 based on their original date of appointments in the former unit and also by having regard to the date of declaration of their probation.” 11. It is pointed out in the counter affidavit that vide proceedings dated 29.12.2015, the 2nd respondent issued orders dated 30.12.2015 promoting the petitioner as Primary School Head Master at Municipal Primary School GudiyathamKaspa and the petitioner also joined duty on 02.01.2016 and working. 12. The learned Special Government Pleader would also submit that promotion from the post of Secondary Grade Teacher to the post of Primary School Headmaster is made only according to the seniority. 12. The learned Special Government Pleader would also submit that promotion from the post of Secondary Grade Teacher to the post of Primary School Headmaster is made only according to the seniority. The seniority list has been revised as per the directions issued by this court in W.P.Nos.15612, 15613 and 20528 of 2012 dated 08.10.2012. 13. Since the writ petition challenging the order of promotion given to the 4th respondent has been filed in the year 2013 and subsequently the petitioner got promotion as Primary School Headmaster by proceedings dated 30.12.2015 and that apart notice not served to the 4th respondent whose promotion order has been challenged in the writ petition, in the interest of justice, W.P.No.15221 of 2013 is disposed of holding that the petitioner has already been promoted by proceedings dated 30.12.2015 and the consequential promotion is concerned, it is for the official respondents to take note of seniority list and grant promotion and other benefits, if the petitioner is entitled to the same. 14. As far as W.P.No.25332 of 2015 is concerned, as per the averments in the counter affidavit, promotion to the post of Secondary Grade Headmaster is concerned, as already stated, it is made only according to the seniority and it is open to the petitioner to seek for promotion as Secondary Grade Headmaster by filing representation taking note of her promotion as Primary school head master on 30.12.2015. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.