N.Umapathy v. The Director of Elementary Education

ORDER The writ petition has been filed by the petitioners seeking a mandamus directing the respondents to include their names in the panel for promotion to the post of Elementary School Headmaster for the year 2013-2014 on the basis of the combined seniority list in Pallipattu Union in Thiruvallur District by implementing the orders passed in W.A.No.318 of Page3 of 10 2020 and to notionally promote them as Elementary School Headmasters with effect from the date of promotion of their juniors and counterparts in other Unions in Thiruvallur District and to grant them all consequential service and monetary benefits on par with them.

¶2It is the case of the petitioners that they are working as Secondary Grade Teachers in Thiruvallur District. Earlier, they filed W.P.No.13192 of 2013 seeking to prepare a combined seniority list among the Secondary Grade Teachers of various languages for the purpose of promotion to the post of Headmaster of Elementary School. The said writ petition was dismissed by order dated 15.11.2019 as premature. Another writ petition W.P.No.8065 of 2020 was filed by one N.Ramani and others before this Court seeking to prepare a separate seniority list for Tamil Medium, Telugu Medium and Bilingual Schools. W.P.No.8065 of 2020 was tagged along with W.A.No.318 of 2020 and the same was allowed by the Division Bench by common order dated 20.11.2023. The petitioners state that, despite the order dated 20.11.2023 passed in W.A.No.318 of 2020, the respondents have not implemented the same, while several juniors have been promoted as Elementary School Headmasters. The petitioners therefore seek to include their names in the panel for promotion to the post of Elementary Page4 of 10 School Headmaster for the year 2013-2014 and to notionally promote them as Elementary School Headmasters with effect from the date on which their juniors were promoted.

¶3Heard the learned counsels on both sides and perused the materials available on record.

¶4A perusal of the records filed along with the writ petition would show that the writ petitioners had originally filed W.P.No. 13192 of 2013 seeking a mandamus to prepare a combined seniority list among the Secondary Grade Teachers of various languages like Tamil, Telugu, Malayalam etc into a single combined seniority list for the purpose of promotion to the post of Headmaster of Elementary School. The said writ petition came to be dismissed as premature on 15.11.2019. Another writ petition in W.P. No.8065 of 2020 was also filed seeking to prepare a separate seniority list for Tamil Medium, Telugu Medium and Bilingual Schools. Aggrieved by the order dated 15.11.2019, the petitioners filed W.A.No.318 of 2020. W.P.No.8065 of 2020 was tagged along with W.A.No.318 of 2020. On 06.03.2020, when the matters had come up Page5 of 10 before the Division Bench of this Court, the learned Judges had passed the following common order. "Pursuant to the order dated 02.03.2020, wherein, it was noted that there has to be a combined seniority list for teachers who have taken instructions in Tamil Medium/ Telugu Medium for being appointed as Headmaster in Tamil Medium / Telugu Medium/Bilingual Schools, the learned Special Government Pleader (Education) has brought to our notice a proposal dated 10.02.2020, sent by the Chief Educational Officer recommending a combined seniority list of teachers for appointment as Headmaster of Elementary School imparting education in Tamil Medium / Telugu Medium and Bilingual Schools. He states that orders would be passed by the Director of Elementary School Education within a period of two weeks from today.

¶2In view of the submission made by the learned Special Government Pleader, list the matter on 20.03.2020. The learned Special Government Pleader is directed to file a translated copy of the letter dated 10.02.2020 sent by the Chief Educational Officer. " Page6 of 10

¶5Pursuant to the above order, by proceedings dated 19.03.2020, the 1st respondent had directed the 3rd respondent to prepare the combined seniority list and to promote the petitioners as Elementary School Headmasters. This direction, however, has not been complied with. It is thereafter that the final judgment came to be passed on 20.11.2023 in W.A.No.318 of 2020 wherein the Division Bench had allowed the writ appeal and dismissed the writ petition. The learned Judges had observed as follows:- "13. It is made clear that by virtue of this order, the parties concerned, who are all eligible to be included in the combined seniority list and if they already been included, if their turn comes based on the seniority and the vacancy arise, it is needless to mention that, they are entitled to seek for such promotion and such an exercise shall be undertaken by the official respondents within a period of two(2) months from the date of receipt of a copy of this order. Page7 of 10

¶14It is further made clear that, merely because the name is included in the combined seniority list, they are not automatically entitled to seek for promotion, provided if they are not from Tamil Medium or Tamil language, they must have qualified in a Tamil language test, which is being conducted by the Government in this regard, unless such qualification is fulfilled, they are not eligible to be considered for such promotion that is the stand since has already been taken consistently by this Court, in these cases also the same shall be followed." Despite the above order, the respondents have not considered the request of the petitioners. Hence, the petitioners have approached this Court.

¶6The learned Government Advocate would try to draw a distinction by stating that the petitioners cannot seek promotion from the year 2013 as they have sought the mandamus only now. However, as stated supra, the petitioners have moved this Court as early as in 2013 when the panel for the year 2013-2014 had been finalized whereby the petitioners' juniors have been promoted. The petitioners are before this Court seeking only a Page8 of 10 notional promotion on par with their juniors for the year 2013-2014. The Division Bench has also recognized the right of the petitioners to seek promotion and therefore to be included in the combined seniority list.

¶7In view of the above, this writ petition is allowed as prayed for. The respondents are directed to include the names of the petitioners in the panel for promotion to the post of Elementary School Headmaster for the year 2013-2014 on the basis of the combined seniority list in Pallipattu Union in Thiruvallur District by way of implementing the directions issued by the Division Bench in W.A. No.318 of 2020 dated 20.11.2023. However, the petitioner's right to such promotion shall be subject to passing the TET which has now been made compulsory. No costs. Consequently, connected miscellaneous petition is closed. 16-07-2026 Index: Yes/No Speaking/Non-speaking order SRN Page9 of 10 To

¶1The Director of Elementary Education DPI Campus, College Road, Chennai-06.

¶2The District Elementary Educational Officer Tiruvallur-6002001

¶3The Chief Educational Officer Pallipattu Union, Tiruvallur District.

¶4The Block Educational Officer-II Pallipattu Union, Tiruvallur District. WPoNo.o17512oofo2024 P.T.ASHAoJ. SRN WPoNo.o17512oofo2024 AND WMPoNO.o19292oOFo2024 16-07-2026 Page10oofo10

Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP NO. 19292 OF 2024 1. N.Umapathy 2. R.Jayasankar 3. P.Venkatesan 4. D.Venkateswaralu 5. K.S. Ganapathy 6. K S Gurappa 7. V Ramesh 8. S.Sahanezbegum. 9. A Gopal Chetty. 10.V.Venkatesan ..Petitioner(s) Vs 1. The Director of Elementary Education DPI Campus, College Road, Chennai-06. 2. The District Elementary Educational Officer Tiruvallur-6002001 3. The Chief Educational Officer Pallipattu Union, Tiruvallur District. Page2 of 10 4. The Block Educational Officer- II Pallipattu Union, Tiruvallur District. ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents herein to include the names of the Petitioners in the panel for promotion to the post of Elementary School Headmaster for the year 2013- 2014 on the basis of combined seniority list in Pallipattu Union in Thiruvallur District by way of implementation of directions in the final order dated 20.11.2023 in W.A.No.318 of 2020 and to notionally promote them as Secondary Grade Headmaster with effect from the date of promotion of the Juniors and counterparts in other unions in Thiruvallur district and to grant them all consequential service and monetary benefits on par with them. For Petitioner(s): Mr. M.Ravi For Respondent(s): Mr.V.Sivalingam, Government Advocate