Section 13 in Rules for the Grant of Recognition and Aid to Elementary Schools
13.
(1)(i)Every teacher working in a school under private management, except schools under the Railway management, shall possess a teachers' service register issued by the District Educational Officer. It shall be the duty of the manager to specify clearly in the service register, the terms of service under which the teacher is recruited stating whether he is appointed on probation or temporarily (if so, for what period) or permanently and his salary and scale of pay, if any. It shall further be the duty of the manager to get the service register counter-signed by the Deputy Inspector concerned.(ii)No qualified teacher shall be appointed in a permanent vacancy on a temporary basis or for a stipulated period. All appointments in permanent vacancies shall be made only on probation for a period of one year, but the management may before the expiry of that period extend it to a further period of not exceeding 12 months for reason to be approved by the Deputy Inspector of Schools. In the absence of any such extension, the teacher shall be deemed to have completed his probation satisfactorily and be confirmed or deemed permanent from the date of completion of probation. A teacher whose probation is extended shall be deemed to have satisfactorily completed his probation at the end of such extended period unless his service is terminated after following the procedure laid down in sub-rule (2) before the last day of the period of probation and he shall be confirmed or deemed permanent from the date of completion of probation.(iii)In case of aided elementary schools which are granted permanent recognition, the number of teachers employed at that time shall represent the number of permanent posts and any vacancy which arises in permanent posts shall be considered as a permanent, vacancy for the; purpose of clause (ii) above. If schools with temporary recognition consisting of Standards I to V or I to VII or VI to VIII or I to III recognised as feeder schools are allowed to continue beyond one year, the teachers employed in them may be considered as probationers from the date of their appointment in the school.(iv)Appointment in vacancies arising out of bifurcation of standards of elementary schools shall be made on a temporary basis and a teacher appointed in such a vacancy shall be continued in service so long as there is need for a continuance of sections unless his services are terminated after following the procedure laid down in sub-rule (2). However, if a teacher appointed in such a vacancy is continued in service for three years, he shall be confirmed or deemed permanent from the date of completion of three years of service.(2)Appointments in leave vacancies shall be made on temporary basis.(i)No teacher whose appointment is not covered by clause III below shall, except with the permission of the management, be entitled to leave the school without giving three months' notice or payment of three months' salary in lieu thereof to the management.(ii)The management of a school shall have power to terminate the services of any member of the staff whether permanent, temporary or probationary only as provided hereunder.(a)Without notice for any or all of the following reasons, viz., suspension or cancellation of teacher's certificate by the Director of Public Instruction or suspension by the Divisional Inspector under rule 154 of the Tamil Nadu Educational Rules, or when action is taken against the teacher by the Director of Public Instruction under rule 14 below.(b)With three months' notice or three months' salary in lieu thereof, for any of the following reasons viz., willful neglect of duty, serious misconduct, gross insubordination, mental unfitness, incompetence, retrenchment, physical unfitness or any other good cause:Provided that in all cases coming under (b), before the issue of notice, the teacher shall be informed in writing of the charges against him and shall be given a reasonable opportunity for stating his case in writing or in person, and the statement made by the teacher if any, shall be taken, into consideration before a final decision is taken by the management.Provided further that before the issue of the notice the Deputy Inspector of Schools should be consulted and his approval obtained by the Management about the propriety of such an action, the Deputy Inspector being furnished with all documents relating to the case to facilitate him to offer his advice.When on a teacher's appeal, the District Educational Officer orders reinstatement, the management shall forthwith reinstate him within 10 days of receipt of the orders, notwithstanding a further appeal submitted or proposed to be submitted by the management to the Divisional Inspector and shall inform in writing the Deputy Inspector of Schools and the District Educational Officer of the fact of having done so. Failure to comply with such orders of the District Educational Officer may entail action against the management under rule 14 below.If the termination of the services of a teacher under this rule is held unjustified on appeal by the teacher, the management shall take back the teacher, treating the period of his absence as on duty without any claim for Government grant for the period of such absence. If the teacher, having sought employment subsequent to the termination of his services, claims only compensation for the loss due to unemployment, the management shall be liable to pay the teacher full salary and allowances for the period of his unemployment, which shall be limited to the maximum period of three months.(iii)No notice on either side or prior consultation of Deputy Inspector of Schools as required under the proviso to clause (ii)(b) above is necessary in the case of teachers who are appointed purely on a temporary measure for three months or less or when teachers are discharged after the expiry of the specified period stipulated in the Teacher's Service Register. In case the vacancies last longer than the stipulated period the usual procedure shall be followed.(iv)No teacher who is a permanent member of a school shall, when he has not been given notice of termination of his services or when he has not been given notice by the management for relieving him of his services, apply for an appointment under any other management except through the management of the school in which he serves. The penalty for breach of this rule shall be dismissal of the teacher from the service. The management shall not refuse to forward such application when the need arises, unless he gives due notice or pays an amount equal to the salary for three months or for such periods by which the period of notice falls short.(v)It shall be lawful for a management if satisfied on medical evidence that a teacher is unfit and is likely for a considerable period to continue to be unfit by reason of ill-health to discharge him from service on paying him three month's salary less any amount which may have been paid to him as leave allowance after the date of his last appearance in the school for the regular discharge of his duties as teacher subject to a minimum of one month's full salary.The management of a school may suspend any permanent, officiating or temporary member of the staff, pending framing of charges, against him for a period not exceeding three months for gross insubordination, serious misconduct, criminal prosecution, mental unfitness or any other cause, if such a course is required urgently in the interest of the institution. In all such cases, a report of having kept the teacher under suspension shall be sent to the Deputy Inspector on the same day by registered post. In the case of teachers who have been suspended for criminal prosecution and against whom criminal cases are pending the management may, with the prior approval of the District Educational Officer place the teacher under suspension for a further period beyond three months until the cases are disposed of. When the suspension of the teacher is held to be unjustified by the District Educational Officer the management shall pay full pay and allowances to which the teacher would have been eligible had he not been suspended. The period of absence will be treated as period spent on duty.(vi)The management and the teachers have right of appeal against orders arising from these rules and the appeal shall be disposed of by the District Educational Officer. A second appeal shall lie with the Divisional Inspector of Schools. An appeal shall be valid only if it is made within a period of two months from the date of the orders against which the same is preferred.(vii)If the termination of service of a teacher is necessitated on account of the fall in strength and attendance, the services of the junior most teacher in service shall be terminated after the requirements of rule 12(2) and (3) regarding the appointment of Secondary Grade teachers are complied with. If the junior most teacher happens to be a trained teacher and if there are untrained teachers also on the staff of the school, the services of the junior most untrained teacher shall be terminated retaining the trained teacher even though the latter may be junior-most. If there are no untrained teachers on the staff, the services of the junior most teacher shall be terminated. The provisions of sub-clause (b) of clause (ii) shall apply to every termination of service under the clause.(viii)The provisions of rule 13(2)(ii)(b) shall not apply in the case of new appointment made temporarily in vacancies caused as result of action under rule 14 below or 154 of the Tamil Nadu Educational Rules, if his services are to be terminated consequent on the return of the permanent teacher on the expiry of the term of the punishment imposed on him under the said rules.The teacher whose certificate was suspended as a temporary measure under rule 154 of the Tamil Nadu Educational Rules, or who was declared unfit to hold the post for a temporary period under rule 14 below as the case may be, will have a right to claim reinstatement in service in the school in which he was working prior to his relief on the expiry of the term of his punishment, provided he was a permanent incumbent. The management shall reinstate him in the post which he held before relief.(3)No deduction of any kind shall be made from the pay of a teacher except by way of deductions in respect of a Provident Fund and fines imposed for disciplinary purposes. A record of such fines shall be maintained in the form prescribed in Appendix 13.
