Madras High Court
S.Tamilselvan vs The State Of Tamil Nadu on 11 February, 2019
Author: R.Mahadevan
Bench: R.Mahadevan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.02.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No.2530 of 2015
and
M.P(MD)No.1 of 2015
S.Tamilselvan ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St. George,
Chennai.
2.The Director of School Education,
College Road, DPI Campus,
Chennai – 600 006.
3.The Chief Educational Officer,
Tanjore District,
Tanjore. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Mandamus, directing the respondents
1 and 2 to consider the petitioner's representation, dated 21.03.2012
based on the assurance given by them before the National Commission for
Scheduled Castes (A Constitutional Body set up under Article 338 of the
Constitution of India), Chennai on 19.02.2013 and to pass appropriate
orders within a stipulated time.
For Petitioner : Mr.D.R.Murugesan
For Respondents : Mrs.S.Srimathy,
Special Government Pleader.
http://www.judis.nic.in
2
ORDER
This writ petition has been filed by the petitioner seeking issuance of a writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation, dated 21.03.2012 based on the assurance given by them before the National Commission for Scheduled Castes (A Constitutional Body set up under Article 338 of the Constitution of India), Chennai on 19.02.2013 and to pass appropriate orders within a stipulated time.
2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
3.The learned counsel appearing for the petitioner submitted that the petitioner had completed B.Sc., B.Ed., and enrolled his name in the District Employment Exchange, Tanjore. The Government issued G.O.Ms.No.559, School Education Department, dated 14.03.1997 and stated that about 1340 Secondary Grade Teacher posts, which were allotted to Scheduled Caste and Scheduled Tribe Community were kept vacant on the ground that no such qualified D.T.Ed candidates are available in the above said Caste and therefore, the Government decided to appoint B.Ed qualified candidates in the Secondary Grade vacancies in http://www.judis.nic.in the Government Schools. The Government further ordered that B.Ed 3 qualified candidates appointed in regularly sanctioned Secondary Grade Post can be approved and they have to undergo one month training in Child Psychology in the concerned District Institute of Education and Training.
4.The learned counsel appearing for the petitioner further submitted that based on the above said Government Order, the petitioner was appointed as Secondary Grade Teacher on 01.08.1997 in Panchayat Union Middle School, Kilangkadu, Karambakudi Union, Tanjore District and his service was regularised with effect from the date of initial appointment and probation was also declared. Even though, the petitioner was fully qualified to appoint as a Graduate Teacher (B.T Assistant), the appointment was denied to him on the ground that his appointment was made through G.O.Ms.No.113, School Education Department, dated 14.03.1997. The Director of Primary School Education issued a Clarification Letter in his proceedings in Na.Ka.No.30130/ED1/2000, dated 26.12.2000 and categorically stated that the Teachers recruited in the Special Recruitment drive were eligible for promotion. But the respondents neither granted promotion nor transferred his post from Secondary Grade Teacher to Graduate Teacher.
5.The learned counsel appearing for the petitioner further submitted that the Government issued G.O.Ms.No.79, School Education Department, http://www.judis.nic.in 4 dated 14.06.2002 and thereby created Middle Grade Graduate Teachers post to handle classes 6, 7 and 8 and permitted the respondents 2 and 3 to fill up the Middle Grade Graduate Teachers post from the B.Ed qualified candidates, but the respondents failed to absorb the petitioner as Middle Grade Graduate Teacher.
6.The learned counsel appearing for the petitioner further submitted that thereafter, the Government issued G.O.Ms.No.100, School Education Department, dated 27.06.2003 and permitted the second respondent to fill up 12,000 Teachers post on consolidated pay and the persons appointed on consolidated pay were brought into regular Time-scale of pay in G.O.Ms.No.99, School Education Department, dated 27.06.2003. But the respondents have not taken any steps to bring the Scheduled Caste and Scheduled Tribe Graduate Teachers either as Graduate Teacher nor granted promotion in the School Education Department, who were appointed in Secondary Grade vacancies as per G.O.Ms.No.113, School Education Department, dated 14.03.1997. Hence, the petitioner made a complaint before the National Commission for Scheduled Castes (A Constitutional Body set up under Article 338 of the Constitution of India), Sasthiri Bhavan, Chennai and on receipt of the same, the Member convened a meeting with the first and second respondents on 16.11.2012 and 19.02.2013 respectively and the first respondent assured that the directions of the Commission will be considered. Till date, no orders have http://www.judis.nic.in 5 been passed by the respondents and hence, the petitioner is before this Court, seeking the above relief.
7.The learned Special Government Pleader filed counter-affidavit and such a stand has been taken by the respondents at paragraph No.v of the counter-affidavit, which reads as follows:-
“v) The petitioner cannot compare with the B.T Assistants appointed in the post of Junior B.T Assistants with a consolidation 4000 during the year 2003-04 and subsequently awarded regular this scale of pay. The petitioner was appointed in the place of Secondary Grade vacancy with B.Ed qualifications due to non- availability of D.T.Ed candidate. He agreed all the pre-conditions laid down in G.O.Ms.No.113 and appointed as Secondary Grade Teacher. The Junior B.T.Assistants were appointed during the year 2003-04 and paid consolidated pay of 4000 till 31.05.2006 and subsequently as per G.O.Ms.No.99/School Education, dated 27.06.2006 brought to regular time scale of pay. The mode of appointment of the petitioner and the Junior B.T Assistants appointed during the year 2003-04 is entirely different.”
8.Considering the facts and circumstances of the case, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the petitioner's representation, dated 21.03.2012, in the light of G.O.Ms.No.113, School Education Department, dated 14.03.1997 if the petitioner is otherwise eligible and pass suitable http://www.judis.nic.in 6 orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and other interested parties, if any. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
9. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
11.02.2019
Index : Yes/No
Internet : Yes/No
ps
To
1.The Senior Manager,
Canara Bank,
Centralized Pension Processing Center,
Transaction Banking Wing,
Head Office,
4th Floor, Spenser Towers,
No.86 M.G. Road,
Bangalore – 560 001.
2.The Manager,
Canara Bank,
Grand Central Branch,
Madurai – 1.
http://www.judis.nic.in
7
R.MAHADEVAN,J.
ps
W.P(MD)No.2530 of 2015
11.02.2019
http://www.judis.nic.in