Madras High Court
Tmt.K.Vijabala vs The Joint Director Of School on 10 September, 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10..09..2012
CORAM
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
W.P.No.23222 of 2012
and M.P.No.1 of 2012
Tmt.K.Vijabala
... Petitioner
-Versus-
1.The Joint Director of School
Education (Personnel)
College Road,
Chennai 600 006.
2.The Chief Educational Officer,
Panagal Buildings,
Saidapet, Chennai 600 015.
3.The Headmaster,
Government Higher Secondary School,
M.K.B. Nagar,
Vysarpadi,
Chennai 600 039.
4.Tmt.Raj Kokila
B.T. Assistant Teacher,
(Physical Science Teacher),
Govt. Higher Secondary School,
M.K.B. Nagar,
Vysarpadi, Chennai 600 039.
... Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari fied Mandamus calling for the records relating to the impugned order of transfer passed by the 1st respondent in her proceeding vide Ref. Na.Ka.No.63128/C3/E1/2009 dated 16.07.2012 and quash the same and consequently direct the respondents 1 and 2 to retain her as B.T. Assistant Teacher (Physical Science) in Government Higher Secondary School, Vysarpadi, Chennai.
For petitioner : Mr.N.G.R.Prasad for
Mr.K.Raja
For respondent (s): Mr.R.Rajeswaran,
Spl. Govt. Pleader Assisted by
Mr.N.Sakthivel, Govt. Advocate
for RR1 to 3
Writ Petition as against R4 dismissed
as not pressed
ORDER
There are four respondents in this writ petition. So far as the 4th respondent is concerned, the learned counsel for the petitioner has not pressed this writ petition as the 4th respondent is an unnecessary party to the issues involved in this writ petition. Therefore, this writ petition is dismissed in respect of the 4th respondent as per the endorsement made by the learned counsel for the petitioner.
2. The petitioner is working as a B.T. Assistant in Science subject at Government Higher Secondary School, M.K.B.Nagar, Chennai 600 039. The 1st respondent by her proceedings in Na.Ka.No.63128/C3/E1/2009 dated 16.07.2012 has redeployed the petitioner to the Government Higher Secondary School at Koovathur in Kancheepuram District as the post of B.T. Assistant Science Teacher in the Government Higher Secondary School, M.K.B. Nagar, Chennai, was found surplus. Challenging the said order dated 16.07.2012, the petitioner has come up with this writ petition.
2. According to the petitioner, as per G.O.Ms.No.226 School Education (va.se.2) Department, dated 06.07.2012 as and when a post of Teacher in a School is found surplus, then, by means of redeployment, the post can be transferred to a needy school and thereafter, a Teacher who is junior in the School in the relevant subject shall be deployed to the said School.
3. It is the contention of the petitioner that so far as the subject science is concerned, apart from the petitioner, there are four more teachers in the Government Higher Secondary School at M.K.B.Nagar, Chennai. Among them there are juniors as well. But, instead of deploying a junior Science Teacher to some other school, the petitioner has been redeployed to a different school in an arbitrary manner.
4. On written instructions from the respondents, the learned Special Government Pleader would submit that there were two science Teachers in excess in the Government Higher Secondary School at M.K.B.Nagar, Chennai. Therefore, it was ordered that two such science Teachers along with the post shall be redeployed to different schools where it is needed. According to the respondents so far as B.T. Assistants in Science working in the Government Higher Secondary School at M.K.B.Nagar, Chennai, are concerned, out of four B.T. Assistants (Science), the petitioner and another Teacher have got specialisation in Chemistry subject. Yet another Teacher is specialised in Zoology and the 4th respondent is a Physics graduate. In order to maintain balance so as to have the Teachers drawn from various disciplines to be there in the same school, the petitioner was deployed to some other school because, the other B.T. Assistant in Chemistry is senior to her. It is further stated by the learned Special Government Pleader that though the 4th respondent is junior to the petitioner, she was not deployed to some other school inasmuch as she has got specialisation in Physics and there is no Teacher in the Government Higher Secondary School at M.K.B.Nagar,Chennai to teach Physics subject. Therefore, according to the respondent, this writ petition deserves to be dismissed.
5. I have considered the above submissions.
6. The question of redeploying a Teacher as and when the post is found surplus in a School is governed by G.O.Ms.226 referred to above. As per the said Government Order, when a post relating to a particular subject is taken away and allotted to another school, a junior most Teacher dealing with such subject shall be deployed to the needy school. There is no further classification in the Government Order among Science Teachers as Physic Teacher, Chemistry Teacher or Biology Teacher. Irrespective of the basic qualification in various science subjects, all such B.T. Assistants are called only as B.T. Assistants Science and there is no further classification. Therefore, as per the Government Order irrespective of the basic qualification in a particular discipline, the junior most B.T. Assistant in the subject should alone be deployed to a different school. Here, the subject Physics, Chemistry and Biology are put together as one subject. As against the post of B.T. Assistant Science, it is immaterial as to whether the Teacher concerned has got basic qualification in Physics, Chemistry or Biology, etc. The only consideration is whether a particular Teacher has got degree in a Science subject. Therefore, for the purpose of redeployment, there cannot be any further classification made amongst B.T. Assistants (Science) based on the subject in which they have got basic degree. Thus, sub-classification is not permissible as per the Government Order cited supra.
7. In view of the above, the order of redeployment of the petitioner to a different school though he/she happens to be a senior teacher in the school is not sustainable. Thus, the impugned order of transfer is liable to be set aside and the petitioner is liable to be restored to the Government Higher Secondary School, M.K.B.Nagar, Chennai-600 039. Further, the respondents will be at liberty to redeploy a Teacher who is considered to be a junior in the Science subject.
8. In the result, the Writ Petition is allowed; the impugned order of transfer redeploying the petitioner from the Government Higher Secondary School, M.K.B.Nagar, Chennai 600 039 to the Government Higher Secondary School, Koovathur, Kancheepuram is set aside; and the respondents are directed to retain the petitioner as B.T. Assistant Teacher (Physical Science) in Government Higher Secondary School, M.K.B.Nagar, Chennai 600039. However, the respondents are at liberty to redeploy a Teacher from the said school who is considered to be a junior in the Science subject. In any event, consequential order restoring the petitioner to the Government Higher Secondary School, M.K.B. Nagar, Chennai 600 039 shall be passed within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected MP is closed.
Index : yes 10..09..2012
Internet : yes
kmk
Note: Issue copy on 12.09.2012
To
1.The Joint Director of School Education (Personnel)
College Road, Chennai 600 006.
2.The Chief Educational Officer, Panagal Buildings,
Saidapet, Chennai 600 015.
3.The Headmaster, Government Higher Secondary School,
M.K.B. Nagar, Vysarpadi, Chennai 600 039.
S.NAGAMUTHU. J.,
kmk
W.P.No.23222 of 2012
10..09..2012