S.N.Pannier Selvam v. Department

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.3.2009CORAM:THE HONOURABLE MR.JUSTICE K.CHANDRUWrit Petition No.30605 of 2006S.N.Pannier Selvam .. Petitionervs.

The State of Tamilnadu, rep. by Secretary to Govt., Education Department, Fort St.George, Chennai-600 009.

The Commissioner, Corporation of Coimbatore, Coimbatore.

The Municipal Educational Officer, Corporation of Coimbatore, Coimbatore. .. RespondentsWrit Petition under Article 226 of the Constitution of India, came to be numbered on transfer of Original Application No.5763 of1997 from the file of the Tamil Nadu Administrative Tribunal, Chennai, praying to issue a Writ of Mandamus, directing the respondents to appoint the applicant as a Post-Graduate Teacher in English, in any one of the Higher Secondary Schools under the control of the second respondent. For petitioner : Mr.S.N.Pannier Selvam, Petitioner-in-person For respondents : Mr.P.Gurunathan, Govt. AdvocateORDERThe petitioner appeared in person. The petitioner was working as Weaving Instructor in the Corporation Boys Higher Secondary School, North Coimbatore. He filed Original Application No.5763 of 1997before the Tamil Nadu Administrative Tribunal, Chennai, seeking for adirection that he should be given preference to be appointed as aPost-Graduate Teacher in English. 2. The Tribunal ordered notice to the respondents and on notice from the Tribunal, the then Commissioner-in-charge of the Coimbatore https://hcservices.ecourts.gov.in/hcservices/ Corporation, filed a reply affidavit, dated 9.9.1997, on behalf of respondents 2 and 3. On behalf of the first respondent-State, the said reply affidavit dated 9.9.1997 of respondents 2 and 3, was adopted, by filing adoption affidavit, dated 2.3.1998.3. On the abolition of the Tribunal, the Original Applicationstood transferred to this Court and was re-numbered as Writ PetitionNo.30605 of 2006.

It must be stated that by virtue of Section 115-A(1) of the Coimbatore City Municipal Corporation Act, 1981, all teachers working in the Schools run by the Corporation, have been declared as whole-time Government servants and under Section 115-A(2), the Governmentis empowered to make Rules in respect of those Teachers.

In respect of the Tamil Nadu Higher Secondary EducationalService, the Government has framed Special Rules by G.O.Ms.No.720,Education Department, dated 28.4.1981. By virtue of the SpecialRules, the Post-Graduate Teachers who are to teach the academic subjects, can be recruited either by direct recruitment or by recruitment by transfer from Tamil Nadu Educational SubordinateService and if no qualified or suitable candidates are available for appointment by the aforesaid methods, the recruitment can be made by transfer from any other service. The vacancies arising in Class-I of the service shall be filled up so as to ensure that the proportion of the appointment in the service in the said class by recruitment by transfer and by promotion shall be 50:50. Rule 2(c) of the SpecialRules clearly states that promotion to Class-I in the service shall be made on the grounds of merit and ability, seniority being considered only where merit and ability are approximately equal.

In the reply affidavit, the Commissioner of CoimbatoreCorporation has stated that since the petitioner was working as aWeaving Instructor, though he may be having educational qualification for being posted as a Post-Graduate Teacher, the post held by him is not a feeder category to the post of Post-Graduate Teachers. Eventhough it was contended by the petitioner that he was continuously teaching for higher secondary students, the same was denied.

The petitioner who appears in person, fairly stated that by proceedings dated 27.2.2009, issued by the Commissioner of CoimbatoreCorporation, he was promoted to the post of Graduate Assistant and posted to work in Corporation Higher Secondary School. Siddhapudur. However, the petitioner contended that he is eligible to be posted as Post-Graduate Teacher. In this context, the petitioner produced acopy of the proceedings dated 2.6.1994 issued by the Commissioner of Madurai Corporation, showing that one Tmt. Ezhilarasi, working as aDrawing Teacher, was promoted as P.G. Teacher. However, this order relates to Madurai Corporation and it is not clear under what Rulethe said posting was given to her. Mere production of the proceedings https://hcservices.ecourts.gov.in/hcservices/ appointing a Teacher of some other Corporation, cannot be a legal precedent in favour of the petitioner. In the absence of the petitioner having any clear statutory Rule in his favour, having regard to the contention raised by the second respondent-Commissioner, Coimbatore Corporation, that the petitioner being an employee in two levels below the post of P.G. Teacher and the said post had not been prescribed as a feeder category, the presentOriginal Application (Writ Petition) filed by him cannot be countenanced by this Court.

In the light of the above reasonings, the Writ Petition is dismissed. No costs. Sd/Asst. Registrar/true copy/Sub Asst. RegistrarcsTo1. TheSecretary to Govt., Education Department, Fort St.George, Chennai-600 009.2. The Commissioner, Corporation of Coimbatore, Coimbatore.3. The Municipal Educational Officer, Corporation of Coimbatore, Coimbatore.1 CC To Mr.M.Ravi, Advocate, SR NO.7787Writ Petition No.30605 of 2006tej(co)pmk/18.3.2009.