P. JAYALAKSHMI Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the writ petition is for a Writ of Certiorarified Mandamus to call for the records connected in Memo No.41287/P4/2004, dated 27.01.2005 of the second respondent and in Lr.No.22336/C2/2008-1, dated 14.07.2009, of the second respondent and quash the same in so far as the petitioner is concerned and direct the respondents to promote the petitioner either as Instructor or as Lecturer based on the Tribunal orders dated 23.04.1993 in O.A.No.2044 to 2050 and 2244 of 1993 and High Court order dated 19.02.2010 in W.P.No.6321 of 2006.

(2.) The petitioner was appointed as Workshop Assistant on 28.07.1980 with the qualification of Diploma in Engineering. Thereafter, the petitioner qualified herself with B.E. Degree in the year 2000 and subsequently with M.E. Degree in the year 2009.

(3.) Mr. G. Elanchezhiyan, learned counsel appearing for the petitioner, would make a fundamental submission that the issue raised in the writ petition has already been decided by this Court in more than one decision. In this regard, he would submit that even though Rule got amended in G.O.Ms. No.1364, Education Department, dated 16.08.1988, by which, the post of Workshop Instructor, in which, the petitioner has already been working, has been brought as one of the feeder categories for promotion and appointment to the post of Instructor and the said amendment made in the rule being a statutory rule within the meaning of Article 309 of the Constitution, the right accrued on the eligible persons, like the petitioner, to get promotion to the post of Instructor cannot be taken away by any other method, much less, the issuance of the Government Order, like G.O.Ms.No.1081, dated 19.08.1989.