Madras High Court
The Director Of Elementary Education vs C.Rangan on 20 September, 2019
Equivalent citations: AIRONLINE 2019 MAD 2265
Bench: S.Manikumar, D. Krishnakumar
W.A.No.2611 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
W.A.No.2611 of 2019
and CMP Nos.16785 & 18488 of 2019
1.The Director of Elementary Education,
DPI Campus, College Road,
Chennai - 600 006.
2.The Chief Educational Officer,
Thiruvallur District, Thiruvallur.
3.The District Educational Officer,
Thiruvallur Educational District,
Thiruvallur.
4.The District Educational Officer,
Tiruttani Educational District,
Thiruvallur District. ... Appellants
Vs.
C.Rangan ... Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the Order
dated 11.07.2019 made in W.P.No.18983 of 2019.
For Appellants : Mr.K.Karthikeyan
Government Advocate.
For Respondent : Mr.G.Sankaran
http://www.judis.nic.in
1/35
W.A.No.2611 of 2019
JUDGEMENT
(Judgement of the Court was delivered by S.MANIKUMAR, J) Instant Writ Appeal is filed against the order made in WP No. 18983 of 2019 dated 11.07.2019, by which the writ Court allowed the writ petition and directed the respondents to revert the petitioner and post him as a Middle School Head Master in the existing vacancy in Pallipattu Union forthwith on re-
employment basis till the end of the academic year (2019-2010) and to pay him whatever admissible pay and allowance as payable to him, on being re-
employed. Challenging the said order, State has preferred the instant appeal.
2. Short facts leading to the filing of the writ appeal, are as follows:
(i) Writ petitioner was originally appointed as Primary School Head Master in Government Aided School in the year 1992. The post of Middle School Head Master and Assistant Elementary Educational Officer are interchangeable, since both the posts carry equal pay scale. Petitioner was transferred and posted as Assistant Elementary Educational Officer in 2009 and he continued to work in Poondi Union, Thiruvallur District. As per G.O.(Ms) No.101, School Education (Budget-1) Department, dated 18.05.2018, the post of Assistant Elementary Educational Officer was re-designated as Block Educational Officer.
On attaining the age of superannuation, petitioner retired from service on 30.06.2019.
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(ii) As per Government Order in G.O.Ms.No.1369, Education Department, dated 25.08.1973, teachers who are retiring from service during the middle of the academic year are entitled to continue in service till the end of the academic year. As per convention and practice, every year the Assistant Elementary Educational Officer or Block Educational Officer, as the case may be who is retiring in the middle of the academic year, would be transferred back to the post of Middle School Head Master, or an equivalent post, to continue in service till the end of the academic year on re-employment.
(iii) While the matter stood thus, Government have issued orders in G.O.(Ms.) No.19, School Education Department, dated 07.02.2019 upgrading the post of Block Educational Officer, as promotional post from the category of Middle School Head Master. In view of his retirement on superannuation, the petitioner submitted a representation that he must be reverted back to the post of Middle School Head Master in Pallipatti Union where a vacancy was available. However, the representation was kept pending, in view of the issuance of G.O.(Ms.) No.19 dated 07.02.2019, upgrading the post of Block Educational Officer as a promotional post from the category of Middle School Head Master.
(iv) While the request was pending, on the eve of his retirement the http://www.judis.nic.in 3/35 W.A.No.2611 of 2019 Chief Educational Officer, Thiruvallur, on 29.06.2019 clarified that the petitioner can be reverted to the post of Middle School Head Master, Pallipattu Union in the existing vacancy, while referring to the order of the Director of Elementary Education, Chennai, dated 28.06.2019.
(v) Aggrieved over the same, petitioner filed WP No. 18983 of 2019, praying for a direction to the respondents therein to pass orders to revert him to the post of Middle School Head Master in the existing vacancy in Pallipattu Union, Thiruvallur District and to allow him to continue in service on superannuation till the end of the academic year 2019-20, by considering his representation dated 29.06.2019, based on the orders passed by the Director of Elementary Education, Chennai, dated 28.06.2019.
(vi) After hearing the learned counsel for the parties, writ Court vide order dated 11.07.2019 allowed WP No.18983 of 2019. Relevant portion of the order is extracted hereunder.
"7. In view of the above submissions, this Court is convinced that the petitioner has made out a case for grant of relief. This is more particularly so, when the respondents themselves have clarified that the petitioner can be reverted and posted to the post of Middle School Head Master, Pallipattu Union, in the available vacancy. In view of the clarification strengthening the claim of the petitioner, this Court has no http://www.judis.nic.in 4/35 W.A.No.2611 of 2019 hesitation in allowing the writ petition.
8. The writ petition is allowed and the respondents are hereby directed to revert the petitioner and post him as Middle School Head Master in the existing vacancy in Pallipattu Union forthwith on reemployment basis till the end of the academic year (2019-2010) and pay him whatever admissible pay and allowance as payable to him, on being re-employed. The order shall be complied with by the respondents within a period of one week from the date of receipt of a copy of this order. No Costs. Consequently, connected Miscellaneous Petition is closed."
3. Aggrieved by the abovesaid order of the writ Court, State/respondents therein have filed the instant appeal, on the grounds inter alia, that since there are surplus post of B.T. Assistant available in Middle Schools in Pallipattu block the writ petitioner could not be reverted to the post of Middle School Headmaster by issuing reversion order to the junior most teacher holding the post of B.T. Assistant. Government have issued G.O.Ms.No.261 (School Education) Department, dated 20.12.2018 stating that an incumbent cannot claim re-employment whenever surplus posts are available and the said fact was not considered by the writ Court.
4. Writ Court failed to consider the fact that Government have issued GO creating new offices of District Elementary Education Office in each revenue district thereby all Primary and Middle Schools were transferred to the control http://www.judis.nic.in 5/35 W.A.No.2611 of 2019 of District Elementary Educational Officer. The post of Assistant Educational Officer / Deputy Inspector of School were re-designated as Assistant Elementary and Additional Assistant Elementary Educational Officers and the above posts were filled by inter changing the post of Middle School Head Master following due seniority and the said post carries identical scale of pay of the Middle School Head Master for each Block.
5. Writ Court ought to have considered the fact that since the post of Middle School Head Master is academic in nature, government have allowed re-employment for those incumbents who gave willingness to serve till the end of the academic year subject to norms. As per Tamil Nadu Elementary Education Special Rules, since the post of AEEO is administrative in nature and no class room teaching is attached to the post, the Accountant General has raised audit objection for sanctioning re-employment to those incumbents serving in the above post and therefore, Government have issued orders stating that those who are holding the post of AEEO retired on superannuation, are not entitled for re-employment.
6. On the representation of the Association of Block Educational Officers that they are entrusted with greater responsibilities than the Middle School Head Master and therefore, their pay must be stepped up over and above the http://www.judis.nic.in 6/35 W.A.No.2611 of 2019 pay of Middle School Head Master, Government, accepting the same, issued G.O.Ms.No.19, School Education Department, dated 07.02.2019, modifying the scale pay of Block Educational Officer and issued orders that the post of Block Educational Officers is the promotional post of Middle School Head Master.
7. Writ petitioner though vide letter dated 29.06.2019 expressed his willingness for consideration to the post of Middle School Head Master, but filed the writ petition immediately, without affording reasonable opportunity to the appellants to dispose of his representation.
8. As the writ petitioner was holding the post of Block Educational Officer, at the time of retirement, re-employment beyond the date of superannuation is not permissible.
9. It is a pre requisite condition that the post of Middle School Headmaster, where the writ petitioners sought for reversion, has to be filled up only by reverting the junior most person holding the post of B.T. Assistant and since, at Pallipattu Union, surplus B.T. Assistants are available, writ petitioner cannot be accommodated.
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10. Contending that if the order of reversion of the writ petitioner is issued, it would set a bad precedent and it would open flood gates for similarly placed persons and would lead to endless, appellants have prayed to set aside the order of the writ Court dated 11.07.2019 made in WP No. 18983 of 2019.
11. Per contra, to sustain the order impugned before us, Mr.G.Sankaran, learned counsel for the respondent submitted that prior to the issuance to G.O.(Rt) No.19, School Education (E.E.1 C1) Department, dated 07.02.2019, the posts of Assistant Educational Officer as Middle School Headmaster, were interchangeable. Post of Assistant Educational Officer, is administrative, whereas the posts of Middle School Head Master is academic. Both carried the same scale of pay. Only from 07.02.2019, post of Block Educational Officer, become a promotional post and therefore, before the said date the respondent ought to have been posted as Middle School Head Master, so as to enable him to continue till the end of the academic year.
12. Inviting the attention of this Court to the orders passed by the Director of Elementary Education, dated 28.06.2019, learned counsel for the respondent submitted that no sooner, instructions dated 28.06.2019, were issued, the respondent made a representation on 29.06.2019, and since there was no response, he moved this Court on 29.06.2019, before his retirement on superannuation.
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13. Referring to the order of reversion and continuation of services, dated 03.07.2019, issued to (i) Thirumathi.K.Banumathi, Block Educational Officer, Gobichettipalayam, Erode (ii) Thirumathi.K.P.Radhamani, Head Master, Panchayat Union Middle School, Chinna Navakkarai, Coimbatore and Thirumathi.L.Innachensiya, B.T. Teacher (English), Panchyat Union Middle School, Samathuvapuram, Coimbatore, by Perur District Educational Officer(i), Coimbatore District and the order dated 03.07.2019 issued to concerned Head Master by the Ambatore District Educational Officer, Chennai, respectively, learned counsel for the respondent submitted that there cannot be discrimination, in the case of respondent alone. For the abovesaid reasons, he prayed to sustain the order of the Writ Court.
14. Heard the learned counsel for the parties and perused the materials available on record.
15. Before adverting to the rival submissions, we shall consider the Government Orders referred to by both parties.
(i) Government have issued G.O.(Rt).No.11, School Education (G) Department, dated 09.02.2004, is extracted hereunder:-
http://www.judis.nic.in 9/35 W.A.No.2611 of 2019 Government of Tamilnadu Abstract Elementary Education Department-Assistant Elementary Educational Officer-Crucial date of retirement -Order Issued.
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School Education (G) Department
G.O.(Rt) No: 11 Dated:09.02.2004
Read:-
1) Lr.R.C.No:29112/Edn/2001, Dated14.08.2001, 20.06.2002 and 25.03.2003 of Director of Elementary Education Chennai-6.
2)Lr.No.AG (A) / II sc/ Dp cell / IV/ FN 15/ 2001-2002/150 Dt:25.02.2002. of the Principal Accountant General (A&E), Chennai-35.
-----
Order:
Director Of Elementary Education vide Letter (1) cited, has stated that since the post of Assistant Elementary Educational Officer and Middle School Headmaster are identical post the benefit of serving on re-employment even after attaining superannuation as granted to teachers are extended to the post of Assistant Elementary Educational Officers till date.
(a) It is constemed that if extension of service beyond the superannuation to teachers not granted it may affect the educational activities, and in case of posts of Additional / Assistant Elementary Educational Officers such educational activities are not affected even they are relieved during the academic year not affected as the post is mainly administrative in mater.
http://www.judis.nic.in 10/35 W.A.No.2611 of 2019
1. I am the Chief Educational Officer, Thiruvallur and 2ndAppellant herein and as such I am well acquainted with the facts of the case from the records. I am filing this affidavit on behalf of other Petitioners/Appellants . I have read the affidavit filed in support of the above writ petition and deny all the averments raised therein except those that are specifically admitted by me herein.
2. It is submitted that the Respondent was appointed as Primary school Head master in Aided school in the year 1992. He was later absorbed as Primary school Head master in P.U. School in the year 1998.Later he was promoted as Middle School Head master in the year 2006.
3. It is submitted that in the year 1995 Government issued G.O. Creating new offices of District Elementary Education Officer in Each revenue district there by all Primary and Middle schools were transferred to the control District Elementary Educational Officer. The post of Assistant Educational officer/ Deputy Inspector of School were redesignated as Assistant Elementary and Additional Assistant Elementary Educational officers. The above posts were filled by inter changing the post of Middle School Head Master following due seniority and the said post carries identical scale of pay of the middle school Head master for each block.
4.It is submitted that since the post of Middle School Head Master is academic in nature government allowed re employment http://www.judis.nic.in 11/35 W.A.No.2611 of 2019 for those incumbents who gave willingness to serve for the period of reemployment till the close of the academic year subject to norms.
(By Order of the Governor) K.Gnanadesikan Secretary to Government.
(ii) Government have issued G.O.(Ms).No.101, School Education (Budget -
1) Department, dated 18.05.2018, is extracted hereunder:-
GOVERNMENT OF TAMILNADU ABSTRACT School Education - Restructuring of administrative set up at the field level and delegation of power to officers to ensure effective monitoring of schools and quality of education - Orders - Issued.
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School Education (Budget -1 ) Department
G.O.(Ms)No.101 Dated: 18.05.2018
Thiruvalluvar Aandu 2049
Read:
1. From the Director of School Education
Rc.No.84056/A1/S1/2017, dated 18.1.2018 & 26.3.2018.
2. From the Director of Elementary Education Rc.No.024690/11/2018, dated 27.11.2017 & Rc.No.05675/A1/2018, dated 23.3.2018
3. From the Director of Matriculation Schools Rc.No.1440/A1/2018, dated 22.3.2018.
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ORDER:
In the references read above, the Director of School Education, the Director of Elementary Education and the Director of Matriculation Schools have sent proposals for restructuring of administrative setup at the field level i.e. Chief Educational Officer (CEO), District Educational Officer (DEO), District Elementary Educational Officer (DEEO), Inspector of Anglo Indian School(IAS), Inspector of Matriculation Schools (IMS) and Assistant Elementary Education Officer (AEEOs) and delegation of powers to field level officers.
2. It has been informed that there are 37,211 Government Schools, 8,403 Aided Schools and 12,419 Self Financed Schools in the State. To regulate and monitor these schools, there are different parallel streams of administration at the field level.
There are 32 Chief Educational Officers (at the rate of one officer per Revenue District) and 67 District Education Officers (at the rate of one officer per Educational District) for primarily administering Government/ Aided High and Higher Secondary Schools. There are 32 District Elementary Education Officers (at the rate of one officer per Revenue District) and 836 Assistant Elementary Educational Officers for primarily administering Government / Aided Primary and Middle Schools. 4,322 Matriculation Schools are regulated by 17 Inspectors of Matriculation Schools with territorial jurisdiction covering almost two districts. Inspector of Anglo Indian School manages the affairs of Anglo-Indian Schools across the State. All these posts, other http://www.judis.nic.in 13/35 W.A.No.2611 of 2019 than Chief Educational Officer are equivalent posts but with differing territorial jurisdictions overlapping with each other. Thus, there are separate authorities for inspection and regulation of Nursery, Panchayat Union Primary and Middle Schools, Government High and Higher Secondary Schools, Government Aided Private Schools and Self Financed Schools in a given territorial jurisdiction. All of these authorities have overlapping territorial jurisdiction. It makes regular inspection and monitoring very difficult and also results in duplication of efforts. Moreover, quality of inspection also suffers. Mushrooming of unrecognized schools has also been witnessed off late, which requires close supervision. Therefore, in order to make regular inspection/ supervision of schools effective, they have proposed to restructure the existing administrative machinery with due delegation of power.
3. As regards delegation of power, it has been stated that the Director of School Education is the appointing and disciplinary authority for 2910 Headmasters and Headmistress in the High Schools under Tamil Nadu School Educational Service Rules and 2913 Headmasters and Headmistress in the Higher Secondary Schools under the Tamil Nadu Higher Secondary Educational Service, Rules. The Director of Elementary Education is the appointing authority for 836 Assistant Elementary Education Officers under Tamil Nadu Elementary Education Subordinate Service. The Joint Director (Higher Secondary) is the appointing authority and disciplinary authority for 23,815 Post Graduate Assistants in Academic Subjects and Languages, 344 Physical http://www.judis.nic.in 14/35 W.A.No.2611 of 2019 Directors and Physical Directress in Higher Secondary Schools under Tamil Nadu Higher Secondary Educational Service. The Joint Director (Personnel) is the appointing authority and disciplinary authority for 61,451 Deputy Inspectors of Schools, School Assistants, Pandits in Tamil, Pandits and Munshis (other than Tamil), Grade -1, 120 Physical Directors, Grade-2, Steno-typists and 2512 Assistants under Tamil Nadu School Educational Subordinate Service. The Joint Director (Vocational) is the appointing authority for 1981 Vocational Instructors under the Adhoc Rules of Tamil Nadu School Educational Subordinate Service. As these officials have substantial work in their own offices, it is not only difficult but also virtually impossible to monitor performance and exercise disciplinary powers over such huge number of staff working across the State. Moreover, there are certain administrative powers, which can be better exercised by the field level officials. Therefore, it has been felt necessary to delegate disciplinary as well as administrative powers to field level officials.
4. The Government, after detailed examination, have decided to issue the following orders regarding restructuring of administrative set up at the field level and delegation of the disciplinary as well as administrative powers to field level officers to ensure effective monitoring of schools and quality of education on the following pattern:-
(i) The Chief Educational Officers:-
The Chief Educational Officers shall have powers to http://www.judis.nic.in 15/35 W.A.No.2611 of 2019 administer all kinds of schools i.e. Panchayat Union Primary and Middle Schools, Government High and Higher Secondary Schools and Government Aided Schools and to regulate all kinds of private schools including Nursery and Self Financed Schools in the Revenue District.
(ii) District Educational Officer:-
The District Educational Officer, District Elementary Educational Officer, Inspectors of Matriculation Schools and Inspector of Anglo Indian Schools are equivalent posts with same pay scales. Hence, all these posts shall be retained as 'District Educational Officer’ and territorial jurisdiction shall be divided in such a manner that every 'District Educational Officer' gets similar number of schools. While revising the territorial jurisdiction, it should be kept in mind that block or ward remains as single unit. He shall be entrusted with powers to administer all kinds of schools i.e. Panchayat Union Primary and Middle Schools, Government High and Higher Secondary Schools, Government Aided Schools and to regulate Nursery and Self Financed Schools in his territorial jurisdiction, known as Educational District.
(iii) Block Educational Officer:-
The Assistant Elementary Educational Officers are renamed as Block Educational Officers as they would be inspecting and supervising all kinds of schools including elementary schools in their jurisdiction. They will supervise Panchayat Union Primary and Middle Schools, Government Aided Primary and Middle Schools and Self Financed Schools within their territorial jurisdiction. They http://www.judis.nic.in 16/35 W.A.No.2611 of 2019 will also be empowered to visit any school within their territorial jurisdiction. The territorial jurisdiction within the Block or wards should be demarcated in such a way that each Block Educational Officer gets similar number of schools.
(iv) As the senior officials from various Directorates have been notified as appointing and disciplinary authorities for huge number of field level functionaries including teachers working across the State and these officials have substantive work in their offices, it is difficult and virtually impossible for them to review performance and exercise disciplinary powers. In order to make administration more effective and efficient, disciplinary powers as well as other administrative powers are delegated to the Chief Educational Officers, District Educational Officers and Block Educational Officers as given in Annexure-I, II and III.
5. The orders at para 4 above are issued subject to the following conditions
a) There is no additional financial implication.
b) There is no creation of post/ change in pay structure/ requirement for building or equipment. Therefore, all new offices shall be accommodated in schools with surplus structures.
c) Re-naming of certain posts has been done without any financial implication.
6. The Director of School Education, Director of Elementary Education and Director of Matriculation Schools are directed to submit necessary proposals separately for amendment of relevant http://www.judis.nic.in 17/35 W.A.No.2611 of 2019 special rules as required.
7. This order issues with the concurrence of Finance Department vide its U.O.No.26404/Education-ll/2018-1, dated 17.05.2018.
(By Order of the Governor) Pradeep Yadav Principal Secretary to Government.
(iii) Government have issued G.O.(Ms).No.101, School Education (Budget
- 1) Department, dated 18.05.2018, is extracted hereunder:-
Government of Tamilnadu Abstract School Education - Reemployment - Teachers Service in Government / Government Aided Primary/Middle/High/Hr. Sec. Schools - Surplus Teachers - Retirement on Superannuation in the Middle of the academic year - Guidelines for allowing Reemployment till the closure of academic year - order issued.
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School Education (SE 5(2)) dept
G.O (Rt) No.261 Date:20.12.2018
(Tiruvalluvar Year-2049
Markazhi 5)
Read:-
1) G.O. (Ms) No.249, School Education Department dated 09.02.1959
2) G.O. (Ms) No. 1643 (School Education) department dated 27.10.1988 http://www.judis.nic.in 18/35 W.A.No.2611 of 2019
3) G.O. (Ms) No. 170, (School Education) department dated 23.10.2014
4) Lr. Rc.No. 59963/C5/C3/2018 dated 11.09.2018 and Lr.
No.72033/W2/ C2/18 dated 07.12.18 of Director of School Education.
Order
1. It is the General Policy of Government to allow teachers to continue their service till the academic year that in the event of retirement of teachers in the midst of academic year, it would affect the educational interest of student when such ports are rendered vacant and to avoid non filing of the subject teachers.
2. In the G.O 1st cited Reemployment was sanctioned with the following prerequisite conditions.
(i) General Characters and conduct should be satisfactory.
(ii) They should be physically fit to continue their services. In the G.O. 2nd cited, in addition to the above qualifications, prerequisite condition was imposed that the pension proposals ought to have forwarded to Accountant General before one year. Further due to introduction of contributory pension scheme during 2003 those entered service after 2003 and brought into CPF Scheme, the pre condition of forwarding pension proposals before 1 year is not feasible, Govt, ratified the above condition and ordered that such individual may be permitted to receive pay last drawn at the time of retirement.
3. While so Govt. Pleader vide his letter dated 05.09.2018 has optioned that in the matter of W.Ps filed before Hon'ble Madurai Bench of Madras High Challenging refused of allowing Reemployment in W.P (MD) 18902/18 & W.P. (MD) 17894/18 the Hon'ble Court has observed as follows.
http://www.judis.nic.in 19/35 W.A.No.2611 of 2019 "Honourable Court directed to verify whether any G.O.is there to deny re-employment and if not, based on earlier G.O. the writ petition would be allowed. The Honourable court was pleased to direct the Government to issue G.O. in this issue of re- employment. Therefore, it is advised to issue Government order in the issue of Surplus teachers need not to be granted re- employment until the end of academic year."
4. As informed by Govt. Pleader in para-(3) above Director of School Education vide Letter 5th cited dated 07.12.2018 has submitted proposal as follows:-
"For Teachers who are serving on the surplus post no specific Teaching activities are allotted as per Time Table. Since they are not involved in teaching a activities due to the surplus post, the Educational interest of students are to be not affected in any manner. Hence there is no need to extension of service beyond superannuation. Further as and when teachers are promoted to the administrative posts (VIZ) Personal Assistant/Asst. Project Officer identical in nature to the post of High/Hr.Sec. School H.M's no such extension beyond superannuation on is being granted to those posts.
Hence it is not feasible for compliance as directed by Hon'ble court to switch over the teachers to administrative related posts. And it is also reiterated that such position is sanctioned it may lead to endless litigations administrative matter. Director of School Education as further requested that a detailed order based on the duration issued by Hon'ble Madurai Bench of madras High Court in W.P (MD) 19848 of 2018 and WMP (MD) 17628/2018 dt http://www.judis.nic.in 20/35 W.A.No.2611 of 2019 19.09.2018. may be issued by Government and the same may be implemented from 2019-2020 academic year.
Government examined the proposal submitted by Director of School Education dt 11.09.2018 & 07.12.2018 on the basis of the direction of Hon'ble Madurai Bench of Madras High Court and accordingly ordered for issued of guidelines to pursue the matter of granting reemployment for those teachers who retired on superannuation during the academic year.
(i) When teachers retiring on superannuation in the middle of the academic years considering the educational interest of students without teacher, Reemployment may be sanctioned subject to the following condition.
> The conduct & character should be satisfactory. > Must be physically fit to continue service
(ii) Teachers who completed 58 years are ineligible for appointed on Reemployment upto the closing of academic year if any surplus posts are available.
(iii) The pay and allowances during Reemployment period for those teachers serving in non surplus post shall be restricted to last pay drawn as ordered in G.O M.S. No. 170(SE) department dated 23.10.2014.
(iv) The task of identifying surplus Post are to be carried out by DEOs for High Schools, CEOs for Hr. Sec. Schools and DEEOs for Primary Middle Schools on the basis of average attendance and as per G.O issued from time to time.
(v) For schools functioning under corporate management all institutions have to be considered as one unit. The staff fixation as per Teacher pupil ratio has to be completed and surplus post http://www.judis.nic.in 21/35 W.A.No.2611 of 2019 details informed to the Management.
(vi) The staff fixation of Institutions under corporate management based on students strength shall be assessed only the surplus posts to be redeployed among the schools and the report to be furnished to the competent authority.
(vii) The staff fixation report prepared by DEOs / CEOs/DEEOs should be submitted to Director Of School Education/Director of Elementary Education.
(viii) Based on the report received from the subordinate officers, surplus posts have to be assessed and the posts to be re
-employed to needly schools with posts. The above report has to be sent to the secretary/correspondent of Institution and action to be taken within 2 months. The report shall be furnished as on 31st December of each academic year.
(ix) After assessing the surplus post and orders for redeployment issued by competent authorities, the order of redeployment shall be issued before the commencement of next academic year.
(x) In case of increase in student strength in subsequent years the management shall apply to the competent authorities and the posts may be claimed for the existing schools before the commencement of academic year or before.
(xi) In the event of the Aided School Management School refuse to deploy the redeployed posts to the needly school action has to be issued for stoppage of grant. If the individual who have been issued with the order of redeployment with post over who was issued with relieving order refused to obey the orders, the pay and allowances for the period of non jointing days has to be http://www.judis.nic.in 22/35 W.A.No.2611 of 2019 deferred to the individual.
(xii) The above guidelines shall implemental from the academic year 2019-2020.
(By order of Governor) Pradeep Yadav Principal Secretary to Government
(iv) Government have issued G.O.(Ms).No.101, School Education (Budget -
1) Department, dated 18.05.2018, is extracted hereunder:-
GOVERNMENT OF TAMILNADU ABSTRACT SCHOOL Education Post of Block Educational Officer Revised as promotional post from middle school Headmaster - Fixation of pay
- order issued.
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School Education (E.E.1 C1) Dept.
G.O. (Rt) No. 19 dated:07-02-2019
Thiruvallur year 2050
Vilambi - Tahi 24.
Read:-
1 G.O. (ms) No. 1383(Edn) dept at 23/8/1988
2. G O. (Me) No. 142 SE dept cl 19-6-20
3. Lr. dt 10/01/19 of the Association of Assistant Ele. Educational officer.
4. Proceedings of Diretor of Ele. Educational RC No.26457/11/2017 dated 7/12
5. G.O. (MS) No. 126 SEC (E.E. 107 dt 12-07-2018.
Order:
In the GO 2nd reader above amendment have been issued to http://www.judis.nic.in 23/35 W.A.No.2611 of 2019 Tamilnadu Elementary Education sub ordinate rule so create posts of Asst Ele Educational officers secretary for each block and for the posts appointment can be made by transfer from the post of middle school H.M. further in G.O. 5th read above the post of asst. Elementary Educational officer.
2. In the letter 3rd read above demand has been raised that the party Asst. Ele Educational Officer has been functioning as a transfer post from the coach of Middle School H.M. for the post 22 years and the nature of duties responsibilities attached to the post is over and above the post of middle school H.M. and there fore the present system of transfer middle school H M is not cum mens with the post of middle school H.M. It is further recitation that group by the nature of work the post of Asst. Ele Education captional officer has to be considered as a promotional post from the post of Middle school.
3.Directory Elementary education in has Ir 4th cited has suggested that the post of block educational officer may be considered as a promotional and the post of middle school HM ,may be fixed as a category He further suggested that the pay of the said post may be modified 7th pay commission Pay Matrix - colum 17 in the initial pay of Rs. 37600/-to column 18 Rs. 36,900/-
4. The proposal of director of Ele Education and the demand Tamilnadu Asst. Eld educational officer association was carefully examined by Government and accordingly Govt accepted the proposal and ordered that the post of Block Educational officer, may be modified as a promotional post from the post of middle School H.M for administrative reasons and also furnished http://www.judis.nic.in 24/35 W.A.No.2611 of 2019 modify that pay as per Tamilnadu revised pay scale rules 2017. In pay matrix '18 in the pay band Rs. 36900 1,16,600/- and ordered accordingly. Further Govt also ordered for incorporation necessary amendment to TamilNadu Elementary Education spl rules to considering the post as promotion.
5. The above order is with can to the finance det. in the U.rute No. 4554 CM pc / 2019 dt 4-2-2019 (By order of the Governor) Sd.xxxx Pradeep Yadav Principle secretary
16. Proceedings of the Director of Elementary Education, Chennai, dated 28.06.2019, is extracted hereunder:-
Proceedings of the Director of Elementary Education RC No.02367/11/201 Dated 28.06.2019 Sub : Elementary Education Subordinate Service - Action taken on the application furnished by the individual - to revert them to the post of Middle School H.M Instruction - Reg.
Ref : 1. G.O.(MS) No.101SE (Budget I) dept dated 18/5/18
2. G.O.MS No.108.SE (SE (4)) dept. dt 28/5/2018
3. G.O.MS No.19/20 SE (SE 4(1)) dept. dt 7/2/19
4. Lr dt 14/6/2019 of BEO Gobichettypalayam, Erode Dist.
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All CEOs / DEOs are hereby instructed to take suitable action on the representation of BEOs by exercising option to revert them to the post of Middle School HM by following the procedures indicated below
1. The order of reversion to the post of Middle Schools should be issued only to the Block where the individual last served by the CEOs While issuing orders the CEO should indicate only the http://www.judis.nic.in 25/35 W.A.No.2611 of 2019 name of the Block.
2. The DEO on receipt of order of reversion of the individual as Middle School H.M from CEO has to issue orders to the Block where the individual served to the already held post of Middle School H.M.
3. While issuing such order DEOs are instructed that if the Middle School H.M post is not available the Junior most Person serving as Middle School H.M. has to be reverted to the post of B.T. Assistant and the individual has to be accommodated in the post.
4. In the Reversion order it should be clearly stated that the incumbent has to hand over all charges to the officer directed by CEO without giving room for any complaint and join duty in new station.
5. Since the above order is issued on the willingness of individual it should be indicated in the order that no TA/DA is eligible for the said reversion.
Sd/-xxxxxx Director of Elementary Education Chennai 600 006.
17. Proceedings of the District Educational Officer (I), Perur, Coimbatore, dated 03.07.2019, is extracted hereunder:-
ngU:h; khtl;lf; fy;tp mYtyhpd; (bgh) bray;Kiwfs; nfhaKj;Jhh; khtllk;
Kd;dpiy jpU/m/kh/gHdpr;rhkp vk;/v!;/rp/ vk;/vl;/gpy;.
e/f/vz;/2777-m2-2019 ehs; 03/07/2019 Mdp?18. jpUts;S:tuhz;L ? 2050 bghUs;: bjhlf;f fy;tp ? 2019?2020 Mk; fy;tpahz;L ?
tl;lhuf; fy;tp mYtyh; eLepiyg;gs;spj;
jiyikahrphpauhf gzp khWjy; ? eLepiyg;gs;sp Mrphpaiu gl;ljhup Mrphpauhf epiy ,wf;fk; bra;jy; gl;ljhhp Mrphpaiu ,ilepiy Mrphpauhf epiy http://www.judis.nic.in 26/35 W.A.No.2611 of 2019 ,wf;fk; ? bra;J cj;jputpLjy; ? rhh;g[/ ghh;it: 1/murhiz epiy vz;/101 gs;spf;fy;tp (tut[ bryt[?1) Jiw ehs; 18/05/2018/ 2/ murhiz vz;/(o) vz;/217 gs;spf;fy;tp (g/f/5(1) Jiw ehs; 20/06/2019/ 3/ jkpH;ehL bjhlf;ff; fy;tp ,af;Fehpd; bray; Kiwfs; brd;id e/f/vz;/02367-I-2019. ehs; 28/06/2019/ 4/ <nuhL khtl;l Kjd;ikf;fy;tp mYtyhpd;
bray;Kiwfs; e/f/vz;/9538-1-2018 ehs; 30/06/2019/ 5/ kJf;fiu tl;lhuf;fy;tp mYtyhpd; fojk;
e/f/vz;/437-m1-2019 ehs; 02/07/2019/ <nuhL khtl;lk;. nfhgp brl;oghisak; xd;wpaj;jpy; tl;lhuf; fy;tp mYtyuhf gzpg[hpa[k; jpUkjp/f/ghDkjp vd;ghUf;F eLepiyg;gs;spj; jiyikahrphpauhf ghh;it 4?y; fhz; bray;Kiwfspd;go gzpkhWjy; Miz tH';fg;gl;Ls;sijj; bjhlh;eJ ; . md;dhh; Vw;fdnt eLepiyg;gs;spj; jiyikahrphpauhf gzpg[hpe;j nfhak;gj[ J ; hh; khtl;l kJf;fiu xd;wpaj;jpw;F. ghh;it 5?y; fz;l tl;lhuf; fy;tp mYtyhpd; ghpe;Jiuapd; mog;gilapy; eLepiyg; gs;spj; jiyik Mrphpah; gjtp Kd;Dhpikg; gl;oaypy; ,isnahuhf cs;sthpd;/ gs;spf;F fPH;fz;lthW gzpkhWjy; tH';fp cj;jutplg;gLfpwJ/ t/vz;/ bgah;. gjtp kw;Wk; gzpkhWjy; bra;ag;gLjy; fhuzk;
gzpg[hpa[k; mYtyfk;- gjtp. gs;sp xd;wpak;-
xd;wpak; khtl;lk;
1 jpUkjp/f/ghDkjp. eLepiyg;gs;sp tpUg;gk;
tl;lhuf;fy;tp mYtyh;. jiyikahrphpah;. Cuhl;rp
tl;lhuf;fy;tp mYtyfk;. xd;wpa eLepiyg;gs;sp
nfhgpbrl;og;ghisak;. rpd;detf;fiu. kJf;fiu
xd;wpak; <nuhL khtl;lk;/ xd;wpak;. ngU:h; fy;tp
khtl;lk;. nfhaKj;Jhh;
khtl;lk;/
vdnt kJf;fiu xd;wpak;. rpd;detf;fiu. Cuhl;rp xd;wpa eLepiyg;gs;spj; jiyik Mrphpaiu mth; Vw;fdnt tfpj;J te;j fPHe; piy gjptpahd gl;ljhhp Mrphpah; (M';fpyk;) gzpaplj;jpw;F epiy ,wf;fk; bra;a http://www.judis.nic.in 27/35 W.A.No.2611 of 2019 ntz;oa[s;sJ/ vdnt kJf;fiu xd;wpaj;jpd; 001/01/2019d; Kd;Dhpikg;gl;oay; kw;Wk; tl;;lhu fy;tp mYtyhpd; ghpe;Jiuapd; mog;gilapy; fPHf; z;l eLepiyg;gs;spj; jiyikahrphpaiu (M';fpyk;) gl;ljhhp Mrphpauhf epiy ,wf;fk; bra;J. t/vz;/ Mrphpah; bgah;. jw;nghija gl;ljhhp Mrphpauhf epiy fhuzk;
gjtp gzpg[hpa[k; gs;sp/ ,wf;fk; bra;J khWjy;
xd;wpak; (jpUthsh;) tH';fg;gLk; gs;sp
2 jpUkjp/f/g/uhjhkzp gl;ljhhp Mrphpah; eph;thfk;
jiyikahrphpah;. Cuhl;rp (M';fpyk;) Cuhl;rp xd;wpa
xd;wpa eLepiyg;gs;sp. eLepiyg;gs;sp. rkj;Jtg[uk;
rpd;detf;fiu. kJf;fiu kJf;fiu xd;wpak;. ngU:h;
xd;wpak;. ngU:h; fy;tp fy;tp khtl;lk;.
khtl;lk;/ nfhak;g[j;Jhh; nfhak;g[j;Jhh; khtl;lk;/
khtl;lk;/
nkw;fhz; jiyikahrphpah; gl;ljhhp Mrphpah; (M';fpyk;) gzpapwf;fk; bra;ag;gl;lijj; bjhlh;e;J kJf;fiu xd;wpaj;jpy; 01/01/2019 Kd;Dhpik gl;oay; kw;Wk; kJf;fiu tl;lhuf;fy;tp mYtyhpd; g[hpe;Jiuapd;go gl;ljhhp Mrphpah; (M';fpyk;) Kd;Dhpikg; gl;oaypy; ,isnahuhf cs;s rkj;Jtg[uk;. Cuhl;rp xd;wpa eLepiyg;gs;spapy; gzpg[hpa[k; fPH;ff; hz; M';fpy gl;ljhhp MrphpaUf;F 26/03/2019 Kjy; fhypahf cs;s md;dhhpd; bgaUf;F vjpnu cs;s gs;spf;F gjtp ,wf;fk; bra;J eph;thf khWjy; tH';fp cj;jutplg;gLfpwJ/ t/vz;/ Mrphpah; bgah;. jw;nghija ,ilepiy Mrphpauhf fhuzk;
gjtp gzpg[hpa[k; gs;sp. epiy ,wf;fk; bra;J xd;wpak; (jpUthsh;) khWjy; tH';fg;gLk; gs;sp 3 jpUkjp/Yh/,d;dbrd;rpah ,ilepiy Mrphpah; eph;thfk;
gl;ljhhp Mrphpah; (M';fpyk;) Cuhl;rp xd;wpa Cuhl;rp xd;wpa Jtf;fg;gs;sp eLepiyg;gs;sp. rkj;Jtg[uk;/ mg;ghr;rpft[z;ld;gjp kJf;fiu xd;wpak;. ngU:h; kJf;fiu xd;wpak;. ngU:h; fy;tp khtl;lk;. nfhak;g[j;Jhh; fy;tp khtl;lk;
khtl;lk;/ nfhak;g[j;Jhh; khtl;lk;/ nkw;fz;l Mrphpah;fs; cld; gzptpLg;g[ bgw;W g[jpa gzpaplj;jpy; nru ntz;Lk;/ gzptpLg;g[ kw;Wk; gzpnaw;g[ mwpf;iffis cld; mDg;gp itg;gnjhL. gzpapwf;fk; bra;a[k; ehs;Kjy; chpa gjtpf;fhd Cjpak; eph;zak; bra;a ntz;Lk; vdt[k; tl;lhuf; fy;tp mYtyUf;F bjhptpf;fg;gLfpwJ/ http://www.judis.nic.in 28/35 W.A.No.2611 of 2019 ,g;bghUs; rhh;ej; chpa gjpt[fis Mrphpah;fspd; gzpg;gjpntLfs; kw;Wk; bjhlh;g[ila Mtz';fspy; gjpt[ bra;jpLkhW kJf;fiu tl;lhuf; fy;tp mYtyh; nfl;Lf; bfhs;sg;gLfpwhh;/ xg;gk;
khtl;lf; fy;tp mYtyh;.(bgh) ngU:h; (,) FdpaKj;Jhh;.
nfhak;gj[ ;Jhh;?641 008/
18. Proceedings of the District Educational Officer, Ambattur, Chennai, dated 03.07.2019, is extracted hereunder:-
mk;gj;Jhh; khtl;lf; fy;tp mYtyhpd; bray;Kiwfs;. mk;gj;Jhh;.
brd;id?60053/ Kd;dpiy: jpU/B/fUzhfud;. vk;/v!;/rp/. vk;/vl;/. vk;/gpy;/.
K:/K:/vz;/1466-m5-2019 ehs;/ 07/2019/
bghUs;: jkpH;ehL fy;tp ? rhh;epiyg;gzp ? gzpePl;og;g[ ?
jpUts;S:h; khtl;lk; ? mk;gj;Jhh; fy;tp khtl;lk; ? brd;id ? 57. vh;zht{h;. efuhl;rp cah;epiyg;gs;sp. jkpH; Mrphpah; jpUkjp/eP/kh/k';ifah;f;furp ? vd;gth; Xa;t[fF; g;gpd; 01/07/2019 Kjy; 31/05/2020 tiu kWepakd mog;gilapy; gzpg[hpa gzpePl;og;g[ Miz tH';Fjy; ? rhh;e;J/ ghh;it: 1/murhiz vz;/870-fy;tpj;Jiw ehs;/11/05/1976/ 2/murhiz vz;/101 gs;spf;fy;tp (Budget-1) Jiw. ehs;/18/05/2018/ 3/murhiz (epiy) vz;/261 gs;spf;fy;tp gf5(2) ehs;/21/12/2018/ 4/brd;id?57. vh;zht{h;. efuhl;rp cah;epiyg;g;sp jiyik Mrphpah; fojk; e/f/vz;/43-2019.
ehs;/29/04/2019/ ????????
jpUts;S:h; khtl;lk;. mk;gj;Jhh; fy;tp khtl;lk;. brd;id?57. vh;zht{h;. efuhl;rp cah;epiyg;gs;sp. jkpH; Mrphpah; jpUkjp/eP/kh/k';ifah;f;furp vd;gth; 30/06/2019 gpw;gfy; taJ Kjph;t[ fhuzkhf Xa;t[ bgWtjhy; http://www.judis.nic.in 29/35 W.A.No.2611 of 2019 md;dhUf;F ghh;it?1y; fhQqk; murhizf;fpz';f jiyik Mrphpahpd; ghpe;Jiu Vw;Wk; khzhf;fhpd; fy;tp eyd; fUjpa[k; (fy;tpahz;L Koa[k; tiu) 01/07/2019 Kjy; 31/05/2020 Koa kWepakd mog;gilapy; fPH;fz;l epge;jidfspd; go gzp ePl;og;g[ Miz tH';fg;gLfpwJ/ 1/ ,th; Xa;t[ bgWtjw;F Kd; bgw;w Cjpak; VnjDk; mjpfkhf bgwg;gl;ljhf mwpag;gl;lhy; mj;bjhifia ,tuJ gzpePl;og;g[ fhyj;jpw;fhd Cjpaj;jpy; gpoj;jk; bra;ag;gLk;/ 2/ gzpePl;og;g[ tH';fg;gLk; nkw;fhQqk; eghpd; gzp kw;Wk; elj;ij jpUg;jpfukhf ,y;iy vd mwpag;gLk; gl;rj;jpy; - cghp vd fz;lwpag;gLk; epiyapy; ,tuJ gzpePl;og;g[ vt;tpj Kd;dwptpg;g[kpd;wp ,uj;J bra;ag;gLk;/ 3/ rk;ge;jg;gl;l Mrphpah; gzpapypUe;J tpLgltpUk;gpdhy; xU khjj;jpw;F Kd;dh; epakd mYtyUf;F Kiwahf tpz;zg;gpf;fntz;Lk;/ 4/ ,g;gzpaplk; cghp vd gpd;dh; fz;lwpag;god; kWepakd fhy Cjpak; KGtija[k; xnu jtizapy; muRf; fzf;fpy; brYj;jg;gl ntz;Lk;/ 5/ md;dhh; g[jpa Xa;t{jpaj;jpl;lk; () Kiwapy; Xa;t[ bgWtjhy; kWepakd fhyj;jpy;. filrp ehsd;W bgWk; Cjpak; () KGikahfg; bgwj;jFjpa[ilatuhthh;/ khtl;lf; fy;tp mYtyh;
mk;gj;Jhh;. brd;id?53/
19. Proceedings of the Chief Educational Officer, Thiruvallur District, dated 16.07.2019, is extracted hereunder:-
jpUts;S:h; khtl;l Kjd;ikf; fy;tp mYtyhpd; bray;Kiwfs;.
Kd;dpiy ? Kidth;/j/,uhn$e;jpud;
K:/K:/vz;/07668-M1-2019 ehs;?16/07/2019/ bghUs;: jkpH;ehL gs;spf; fy;tp nky;epiyf; fy;tpg; gzp ?
gzpePl;og;g[ ? nghe;jthf;fk;. muR nky;epiyg; gs;spapy; M';fpy ghl KJfiy Mrphpauhfg; gzpahw;Wk;
jpU/R/tujd; vd;ghh; 31/07/2019 y; taJ Kjph;t[ Xa;t[ ? Xa;t[fF; gpd; 01/08/2019 Kjy; 31/05/2020 tiu kWepakd mog;gilapy; gzpePl;og;g[ Miz tH';f nfhUjy; ? rhh;e;J/ ghh;it: 1/murhiz vz;/870-fy;tpj;Jiw ehs;/11/05/1976/ 2/murhiz (epiy) vz;/261 gs;spf; fy;tpj; Jiw ehs;/21/12/2018/ http://www.judis.nic.in 30/35 W.A.No.2611 of 2019 3/nghe;jthf;fk;. muR nky;epiyg; gs;spj; jiyik Mrphpahpd; foj e/f/vz;/ ? 111-2019 ehs;/10/07/2019 jpUts;S:h; khtl;lk;. nghe;jthf;fk;. muR nky;epiyg; gs;spapy; M';fpy ghl KJfiy Mrphpauhfg; gzpahw;Wk; jpU/R/tujd; vd;ghh; 31/07/2019 md;W taJ Kjph;tpd; fhuzkhf Xa;t[ bgwt[s;sij bjhlh;eJ ; 01/08/2019 Kjy; 31/05/2020 tiu kWepakd mog;gilapy; fPHf; z;l epge;jidfspd;go. gzpePl;og;gpy; gzpg[hpa mDkjpj;J Miz tH';fg;gLfpwJ/ 1/ khepy fzf;fhauhy; eph;zapf;fg;gLk; kWepakd fhyj;jpw;fhd Cjpak; kw;Wk; ,jug;gofs; bgw jFjpa[ilauhthh;/ 2/ ,th; Xa;t[ bgWtjw;F Kd; bgw;w Cjpak; VnjDk; mjpfkhf bgwg;gl;ljhf mwpag;gl;lhy; mj;bjhifia ,tuJ gzpePl;og;g[ fhyj;jpw;fhd Cjpaj;jpy; gpoj;jk; bra;ag;gLk;/ 3/ gzpePl;og;g[ tH';fg;gLk; nkw;fhQqk; eghpd; gzp kw;Wk; elj;ij jpUg;jpfukhf ,y;iybad mwpag;gLk; gl;rj;jpy;; ,tuJ gzpePl;og;g[ vt;tpj Kd;dwptpg;g[kpd;wp ,uj;J bra;ag;gLk;/ 4/ rk;ge;jg;gl;l Mrphpah; gzpapypUe;J tpLgltpUk;gpdhy; xU khjj;jpw;F Kd;dh; epakd mYtyUf;F Kiwahf tpz;zg;gpf;fntz;Lk;/ Kjd;ikf; fy;tp mYtyh;.
jpUts;S:h;/
20. On the basis of the then existing Government orders and instructions followed, that is interchangeability of posts, an Assistant Educational Officer, holding an academic post, can seek for the post of Middle School Head Master, and consequently, continuation of services till the end of the academic year.
But once the post of Block Educational Officers, has become a promotional post for the post of Middle School Head Master, by virtue of G.O.Ms.No.19, School Education Department, dated 07.02.2019, the Director of Elementary Education, Chennai or any other Subordinate Offices, ought not have issued orders, permitting reversion of such Block Educational Officers to the post of http://www.judis.nic.in 31/35 W.A.No.2611 of 2019 Middle School Head Master, so as to enable him to continue till the end of academic year. May be the G.O.Ms.No.19, School Education Department, dated 07.02.2019 issued is in School Education Department. But perusal of the same shows that the said G.O.Ms.No.19, School Education Department, dated 07.02.2019, has been issued by considering the representation of the Association of Assistant Elementary Educational Officers, and the recommendation of the Director of Elementary Education, Chennai. Having recommended that Block Educational Officers, be a promotional posts for Head Masters, which has resulted in the said G.O. Such exercise, would result in unseating many Middle School Head Masters in the school, and every case of reversion of a Block Educational Officer to the post of Headmaster in a school, there would be consequential change of a senior most B.T. Teacher, functioning as Headmaster in a school, to be B.T. Assistant and that there would be a further reversion of a junior most B.T. Assistant, to accommodate the reverted Block Educational Officer. A person holding a higher office, in a department should ordinarily step out of his office on attaining the age of superannuation, but should not aspire cling on to a post, in service.
21. Submission of the learned counsel for the respondent by placing reference to the orders issued to the Block Educational Officers by reverting them to the post of Middle School Head Master, so as to enable them to http://www.judis.nic.in 32/35 W.A.No.2611 of 2019 continue till the end of academic and further submission of the learned counsel for the respondent that by not applying the same yardstick to the respondent, would amount to violation of Article 14 of the Constitution of India, cannot be accepted, as it would be not only contrary to G.O.(Ms.) No.19, School Education Department, dated 07.02.2019, but would be a perpetuation of negative equality.
22. As rightly submitted by the learned counsel for the appellants, if this practice is allowed, then it would only open flood gates, but deprive a Middle School Head Master of his position, but favour only those holding higher position, on the administrative side to continue service.
23. Even as per the data furnished by the learned counsel for the respondent, there are surplus posts of Middle School Head Masters. When there are surplus posts of Middle School Headmasters, the contention that the education of the students would be affected, cannot be accepted. When the school is already manned with a Middle School Headmasters, and when there are surplus posts by Middle School Headmasters, there will not be only disruption of education for the students. Contention of the appellants that if the respondent has to be reverted as Headmaster, as then a B.T. Teacher has to be reverted is also not disputed.
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24. In the light of the above discussion, we are of the view that order of the Writ Court requires interference. Accordingly order impugned is set aside.
Writ appeal is allowed. No Costs. Consequently, stay granted in CMP No. 16785 of 2019, is confirmed and CMP No. 18488 of 2019, filed to vacate the stay, is dismissed.
[S.M.K., J.] [D.K.K., J.]
20.09.2019
Index : Yes
Internet : Yes
Speaking/Non-speaking order
ars
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W.A.No.2611 of 2019
S. MANIKUMAR, J.
AND
D. KRISHNAKUMAR, J.
ars/dm
W.A.No.2611 of 2019
and CMP Nos.16785 & 18488 of 2019
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