P. Mahadevan vs The District Educational Officer (Secondary), The District Elementary Educational Officer, S. Kumar, Junior Assistant, P.T.M. Girls Higher Secondary School and P. Murugesan, Record Clerk, Government Higher Secondary School

Vinod K. Sharma, J.—The Petitioner has invoked the extra ordinary jurisdiction of this Court, praying for a Writ in the nature of Certiorari, to quash the promotion panel dated 25.01.2005.

The case set up by the Petitioner is, that he was appointed on compassionate ground as Record Clerk on 03.02.1992. In pursuance of his appointment, he joined service on 07.02.1992, and vide order dated 17.02.1993, he was regularized.

The Petitioner, on completion of his probation on 06.02.1994, was confirmed.

The Provisional Seniority list was circulated by the Department, wherein the name of the Petitioner was shown at S. No. 4.

It is the case of the Petitioner, that though Provisional Seniority list was circulated in 2001, in 2005, the Petitioner has been shown Junior to Respondent Nos. 3 and 4.

The Petitioner had challenged the seniority of Respondent Nos. 3 and 3 4, by claiming, that they were wrongly placed above him, as the Respondent Nos. 3 and 4 were appointed on compassionate ground as Watchman and Office Assistant, and promoted as Lab Assistants on 10.02.1992 and 12.02.1992 respectively i.e., after the Petitioner has joined the post as Record Clerk. The Petitioner, therefore, claims to be senior to Respondent Nos. 3 and 4.

The writ petition is opposed by the learned Government Advocate, by contending, that this petition is misconceived. The impugned order challenged by the Petitioner is not an order of seniority, but, in fact, is a panel prepared for promotion to the post of Junior Assistant.

It is the stand of the learned Government Advocate, that for promotion to the post of Junior Assistant, there are four feeder categories viz., Lab Assistant, Record Clerk, Office Assistant and Watchman, and the list claimed by the Petitioner to be the seniority list is, in fact, a penal for promotion.

It is neither pleaded nor the Petitioner has been able to show, as to how the preparation of panel, was bad or violated any Rule or Regulation. The writ is, filed on the wrong presumption, that there is change in seniority.

No. case is made out to challenge the panel for the purpose of promotion.

Consequently, this writ petition is dismissed.

No costs.