Madras High Court
The State Of Tamil Nadu vs R.Loganathan on 3 April, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No. 916 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No. 916 of 2025
and
C.M.P.No. 7775 of 2025
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
School Education Department,
Fort St. George, Chennai 600 009.
2.The Director of School Education,
Directorate of School Education,
College Road, Chennai 600 006.
3.The Joint Director of School Education (Personnel)
Directorate of School Education,
College Road, Chennai 600 006.
4.The Chief Educational Officer,
Kallakurichi District,
Kallakurichi 606 202.
5.The Headmaster,
Government Boys High School,
Chinna Salem,
Kallakurichi District 606 201 ... Appellants
Vs.
R.Loganathan ... Respondent
1/6
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W.A.No. 916 of 2025
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 02.11.2023 made in W.P.No.14901 of 2020.
For Appellants : Mr.U.M.Ravichandran
Special Government Pleader
For Respondents : Mrs.Nalini Chidambaram
Senior Counsel for Mrs.C.Uma
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The State is aggrieved by the directions issued by the learned single
Judge to consider the representation of the petitioner and pass positive and
soothing orders.
2. The representation of the petitioner was seeking promotion as
Physical Education Director Grade-II from the post of Physical Education
Teacher. The petitioner, who was employed on a temporary basis for two
years on a consolidated pay was absorbed as a Physical Education Teacher
pursuant to G.O.Ms.No.253 dated 05.12.2006. He claimed promotion as
Physical Education Director Grade-II. The mode of appointment for
Physical Education Director Grade-II as prescribed in G.O.Ms.No.753 dated
16.07.1985 is as follows:-
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Class VI
1) Regional Inspectors of i) Promotion from among the
Physical Education and Physical Education Teachers
Physical Directors. or
ii) Transfer from any post in the
the service on an identical scale
of pay or
iii) Promotion from any post in the
service on a lower scale of pay or
iv) If no qualified and suitable
candidate is available for
appointment, I to (iv) above by
direct recruitment;
3. Mr.U.M.Ravichandran, learned Special Government Pleader would
submit that the total number of Physical Education Directors Grade-II is
only 93 as against 4571 Physical Education Teachers. Being a promotional
post, seniority will have to be taken into account and on the basis of
seniority, only persons who had joined as Physical Education Teachers in
1999 have been promoted as Physical Education Directors Grade-II in the
year 2024. Therefore, the petitioner will have to await for his turn.
4. Contending contra, Mrs.Nalini Chidambaram, learned Senior
Counsel would submit that the petitioner has been stagnated in the same
post for more than 17 years, despite possessing better qualifications.
5. We do not think, we can direct promotion on the basis of better
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qualification. If a person decides to join a post, for which, a much lower
qualification is prescribed than he possess, he takes the risk. Having joined
as a Physical Education Teacher, the petitioner will have to necessarily
await his turn for promotion. Admittedly, the petitioner entered into service
only in the year 2008 and therefore, he will have to wait for his turn for
promotion.
6. We are therefore, unable to subscribe to the directions issued by the
learned single Judge. This Writ Appeal stands allowed and the order of the
learned single Judge stands modified to the effect that the petitioner will be
considered for promotion as and when he reaches the zone of consideration.
No costs. Consequently, connected miscellaneous petition is closed. It is
made clear that the petitioner shall not be overlooked when his turn for
promotion comes.
(R.S.M., J.) (G.A.M., J.)
03.04.2025
kkn
Index: No
Speaking order
Neutral Citation : No
Note: Upload order copy on 07.04.2025.
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To:-
1.The Secretary to Government,
State of Tamil Nadu,
School Education Department,
Fort St. George,
Chennai 600 009.
2.The Director of School Education,
Directorate of School Education,
College Road, Chennai 600 006.
3.The Joint Director of School Education (Personnel)
Directorate of School Education,
College Road, Chennai 600 006.
4.The Chief Educational Officer,
Kallakurichi District,
Kallakurichi 606 202.
5.The Headmaster,
Government Boys High School
Chinna Salem,
Kallakurichi District 606 201
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R.SUBRAMANIAN, J.
and
G. ARUL MURUGAN, J.
KKN
and
03.04.2025
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