S. Velankanni vs The District Elementary Educational Officer, Sivagangai and Others

S. Vaidyanathan, J.—This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to include the petitioner name in the panel for the year 2014 for BT Assistant English and promote her as BT Assistant - English by way of giving promotion in Manamadurai Union, Sivagangai District

The learned counsel for the petitioner would submit that the petitioner was appointed as Secondary Grade Teacher on 05.08.2004 through Employment Exchange and posted at Panchayat Union Middle School, Kuvalaiveli, Manamadurai Union, Sivagangai District. After joining duty, she had passed B.A. English in the year 2011 and subsequently, B.Ed., in 2013, pursuant to which, she made a representation dated 04.01.2014 to the first respondent seeking to enter the same in her Service Register, which was in turn forwarded by the Headmaster, Panchayat Union Middle School, Kuvalaiveli, Manamadurai Union, Sivagangai District to the 1st respondent, with the further request to the second respondent to include her name in the panel for promotion as B.T. Assistant English for the year 2014. Since her name was not found in the panel for the year 2014, she made another representation dated 12.06.2014 to the first respondent with the similar request of inclusion of her name. According to the petitioner, the next avenue of promotion is B.T. Assistant (English) and she is eligible for the same. As per the rule, for drawing up of the Annual List of approved candidates for appointment to the post in the service by promotion, the crucial date on which the candidates should be qualified shall be the first January of every year. According to the petitioner, she has completed B.Ed., course on 30.12.2013 and she is eligible to be included in the panel for the year 2014. Therefore, the stand of the 1st respondent that on preparation of the panel on the crucial date, viz., 01.01.2014, which was approved on 11.06.2014, no one is eligible for promotion to the post of B.T. Assistant (English) as on 01.01.2014, is absolutely not correct.

The first respondent has filed a detailed counter along with a vacate stay petition, stating that the petitioner has joined service as Secondary Grade Teacher on 05.08.2004 and now she is working as Secondary Grade Assistant Teacher in Panchayat Union Middle School, Kuvalaiveli, Manamadurai Union, Sivagangai District which is not disputed. Further it has been stated that the petitioner, having qualified +2 and Diploma in Teacher Education at the time of appointment, has passed B.A. English in the year 2011 and B.Ed., course in the calendar year 2013-2014. It is admitted by the respondents that the petitioner has completed B.Ed., course on 31.12.2013, but has not possessed provisional or decree certificate as on the said date. It has been stated that the provisions of the Tamil Nadu State and Subordinate Service Rules, dealing with preparation of the panel are very clear to the effect that list of approved candidates for appointment by promotion, by recruitment, by transfer to all categories of posts in the Tamil Nadu State and Subordinate Services shall be prepared annually and in compliance of the same, the second respondent prepared a seniority list of Manamadurai Block Teachers and a panel was also prepared and approved by the first respondent based on the seniority list prepared by the second respondent in terms of the instructions given by the Director of Elementary Education. Further, it is represented by the respondent that the second respondent has prepared the seniority list based on the Special Rules for the Tamil Nadu Elementary Education Subordinate Service and G.O. Ms. No. 1383, Education (PSU-1) Department, dated 23.08.1983 wherein it has been stated that for the purpose of drawing up of the annual list of approved candidates for appointment of the post in the service by promotion, the crucial date on which the candidate should be qualified shall be the First January of every year. Since the crucial date is 01.01.2014 and that those who have qualified B.Ed., as on 31.12.2013 are eligible for promotion in the year 2014. The petitioner has produced B.Ed., certificate only on 06.01.2014. The date on which entries were made in respect of the qualification based on the provisional or decree certificate, will be taken for inclusion of the name in the annual list. Therefore, since there was no entry in the service record as on 31.12.2013, she was not eligible to be included in the panel for the year 2014. The respondent further stated that the petitioner was not eligible on the crucial date in terms of the Tamil Nadu State and Subordinate Service Rules, General Rule 35(b)(ii), which stipulates the condition that all other promotions shall be made in accordance with seniority. Since the petitioner was not eligible to be included in the seniority list for the year 2014, her name was not considered.

Heard both sides.

It is an admitted fact that the petitioner is employed as Secondary Grade Teacher. When the panel for promotion to the post of B.T. Assistant English was prepared, the crucial date was fixed as 01.01.2014 and that the petitioner was duly qualified as on date. The only reason for non-inclusion of her name in the panel is that her service record has not been updated and that there was no intimation to the respondents about the completion of B.Ed., degree on or before 31.12.2013. Admittedly, the petitioner has made a representation during the first week of January, 2014 after the crucial date viz., 01.01.2014. Therefore, the respondents try to resist the promotion of the petitioner on the ground that the petitioner did not inform the respondents and her records have not been updated, even though the petitioner possessed B.Ed., qualification on 31.12.2013. It is also an admitted case that no one is eligible for promotion to the post as on 01.01.2014. It may be true that on 01.01.2014 no one was eligible for promotion to the post of B.T. Assistant (English) only on the ground that the petitioner has not communicated the respondent properly. Admittedly, the petitioner was qualified on 31.12.2013. That being the case, the request of the petitioner shall not be brushed aside, more particularly, the panel has been approved only in June, 2014.

Taking note of the submissions of both sides, it is no doubt true that the petitioner is qualified as on crucial date viz., 01.01.2014 and the only lapse on the side of the petitioner is her non-intimation to the respondents about completion of her B.Ed. Degree, which cannot be taken as a ground for denying inclusion of her name in the panel, when it is more particularly admitted by the respondents that the panel for the year 2014 was approved only in June, 2014. However, the respondent has now stated that the name of the petitioner has been included in the list drawn for the year 2015, which has also been approved by the 1st respondent. But, it is pertinent to mention here that inclusion of her name in the subsequent panel, viz., 01.01.2015, will definitely deprive her right in view of the fact she is already eligible to be included in the previous panel itself for being promoted to the post of B.T. Assistant (English). Hence, this Court directs the respondents to consider the case of the petitioner for promotion to the post of B.T. Assistant (English) and pass appropriate orders and grant the benefits from 01.01.2014 and also extend the benefits that may accrue from 01.01.2014 to the petitioner within a period of three months from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.