Challenging the order of the 2nd respondent dated 10.10.2007 and for a consequential direction to the 2nd respondent to cancel the order of the transfer dated 17.09.2006 issued by the 2nd respondent in favour of the 5th and 7th respondents and to fix the number of B.T.Assistant post on subject wise for Andhanallur Panchayat Union and to promote the petitioner as B.T.Assistant (Science) in Andhanallur Panchayat Union, Tiruchi District with effect from 17.09.2006 with service and monetary benefits, the present writ petition has been filed.
2. The brief facts are as follows:
The petitioner is working as a Secondary Grade Teacher in Andhanallur Panchayat Union Middle School, Kodiyalam, Andhanallur, Trichy District. The Government of Tamil Nadu has issued the G.O.Ms.No.79 dated 14.06.2002 wherein it is stated that as and when, the Secondary Grade Teacher retires, resigns or in any other case, the resultant vacancy should be filled up by the middle grade teacher instead of Secondary Grade Teacher and as such, the post of Middle Grade Graduate Teacher should be created in a phased manner from 01.06.2002 onwards for the academic year 2002-2003 in the scale of pay of Secondary Grade Teacher and they should be given one increment in advance. In the above said G.O, the Government has also directed that the appointment to the above post should be done through the Teachers Recruitment Board by following the procedure prescribed for the post of B.T.Assistant. As such, in the Middle schools, the post of Middle Grade Graduate Teachers are created and it should be filled up by way of direct recruitment as per the above said G.O.
3. According to the seniority list prepared on 01.01.2006 for promotion to the post of B.T. Assistant (Science), the petitioner was placed 4th in the seniority list. He could be promoted as B.T. Assistant as per G.O.Ms.No.174 dated 15.09.2006, wherein it is stated that the 50% of vacancies has to be filled up by way of promotion as per the above said G.O.without filling up all the posts of B.T. Assistants by way of transfers.
4. The Government of Tamil Nadu has considered the in-service candidates have sufficient teaching experience and they are also suitable for the post of middle grade graduate Teachers i.e. B.T. Assistants and they could be appointed to the post of middle grade teacher (B.T. Assistant) by way of promotion. Therefore, the Government of Tamil Nadu has issued the G.O.Ms.No.174 dated 15.09.2006 and the same reads as follows:
a) 355 Tamil Pandits post should be filled up by the qualified candidates by way of promotion only for the academic year 2006-2007.
b) Allotted 500 BT Assistants post should be considered as B.T.Assistants for Social sciences and the teachers qualified with degree in History and Geography with B.Ed should be filled up by way of promotion from the academic year 2006-2007.
c) 26909 posts should be considered as B.T.Assistant post i.e. middle grade graduate assistants that the entire post should not be filled up by way of direct recruitment through the Recruitment Board but 50% of the vacant post should be filled up by way of promotion by the teachers qualified with Science, English and Maths for the academic year 2006-2007.
d) A reading of the above said Government orders shows that the vacancy in the post of B.T. Assistant in 2690 Nos.should be filled up by way of direct recruitment and by way of promotion. The ratio prescribed by the above said Government order is 50:50. Therefore, the above said post should not be filled up by the other source of recruitment and 50% of vacancies should be given to the teachers like petitioners who are working as Secondary Grade Teacher qualified with degree in Science with B.Ed.
5. As per the service Rules, each Panchayat Union is a unit for appointment, promotion and transfer. Therefore, promotion should be made by way of promotion of the teachers available in the union as per the seniority list and panel. BT Assistant cannot be transferred from other Union and other Districts and posted in the existing vacancies in the post of BT Assistants in Andhanallur Panchayat Union. As already stated above 50% of particularly from the other union and other Districts should be allowed. He gave a representation to the second respondent on 30.11.2006 to issue appropriate direction to the District Elementary Educational Officer to fill up the post of B.T. Assistant by way of promotion in Andhanallur Panchayat Union without filling up to the post of B.T. Assistant by way of transfer. But no order has been passed by the second respondent. Hence, he filed W.P.No.23874 of 2007 before this Court and the same was ordered on 13.07.2007, this Court has issued a direction to the Director of Elementary Education to consider his representation dated 20.11.2006 in the light of the G.O.Ms.No.174 dated 15.09.20906 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of that order.
6. It is the specific case of the petitioner that the post of B.T. Assistant in the Panchayat Union has to be filled up by way of promotion against the 50% of the vacancies as per the G.O.Ms.No.174 dated 15.09.2006 and the post of B.T. Assistant should not be filled up by way of transfer of B.T. Assistant from the other Panchayat Union and other District against the 50% of vacancies in the post of B.T. Assistant for promotion. But the second respondent has filled up the post of B.T. Assistant in the year 2006 by transferring the B.T. Assistant from other Panchayat Unions and other District and has filled up the post of B.T. Assistant without fixing the number of B.T. Assistant post on subject wise and thus deprived right of existing candidate in Andhanallur Union. The second respondent has not considered the merits of the petitioner's claim for promotion to the post of B.T. Assistant and it would be considered as per the seniority position in the panel in the academic year 2007 for the vacancy in the post of B.T. Assistant. Therefore, without any other alternative remedies except to challenge the order of the second respondent dated 10.10.2007 itself and for consequential direction to cancel the order of transfer dated 17.09.2006 issued by the District Elementary Educational Officer, this petitioner has come forward with the present writ petition.
7. The learned counsel for the petitioner would submit that the Government of Tamil Nadu has issued the G.O.Ms.No.243 dated 22.09.2007 has directed that instead of following ratio of 50:50 for the post of B.T. Assistant for Secondary Grade Teacher, when the vacancy arises in the post of B.T. Assistant, the available Secondary Grade Teacher has to be promoted as B.T. Assistant. In the panel for the year 2014, he has been shown at Rank No.2 for the post of B.T. Assistant(Science) . But he has not promoted for the said post sofar though there are vacancies for B.T.Assistant (Science) at Podavur, Kodiyalam, Ammankudi, Mullikarumbur only because that no order has been passed by the second respondent for sanctioning the post. The said impugned order passed by the second respondent dated 10.10.2007, i.e. more than 10 years lapse, he prays for setting set aside the impugned order passed by the second respondent dated 10.10.2007.
8. The learned Additional Government Government Pleader has filed counter affidavit, wherein it is stated that the Government Order in G.O.Ms.No.174, School Educational Department dated 15.09.2006, to fill up 50% of the total vacancies of 2690 in all the Panchayat Union Middle Schools in Tamil Nadu by way of promotion duly following the subject rotation and also in accordance to strict seniority, put in by the Secondary Grade Teachers working in the respective Panchayat Union. So 1345 vacancies are required to be filled in by promotion and the remaining 1345 vacancies are required to be filled in by direct requirement through Recruitment Board. He would further submit that the petitioner has furnished the details that the subject was B.T. Assistant vacancies available in Andhanallur Panchayat Union. The other averments regarding sanction of B.T. Posts to 10 Middle schools, it is the lookout of the 2nd respondent and 3rd respondent to fill up those posts either by direct appointment or by transfer of B.T.Teachers from other Panchayat Unions. The petitioner has no right to question the action of the third respondent in filling the post other than promotion by transfer from other Panchayat Unions and therefore, respondents pray for dismissal of the writ petition.
9. I heard Mr.R.Saseetharan, learned counsel for the petitioner and Mrs.M.E.Raniselvam, learned Additional Special Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.
10. While pending this writ petition, the petitioner has filed the M.P.No.1 of 2015 seeking interim direction, to the respondents to consider the petitioner and promote the petitioner as B.T.Assistant Science in the available vacancies in Panchayat Union Middle Schools, in Ananthanallur Panchayat Union, Trichy District. Since there was a lapse of ten years after passing of the impugned order, this Court feels that the writ petition may be allowed by directing the respondents to consider the case of the writ petitioner.
11. The impugned order passed by the second respondent reads as follows:
" jpUr;rpuhg;gs;sp khtl;lk;. me;jey;Y}h; rufk;/ bfhoahyk; Cuhl;rp xd;wpa eLepiyg;ggs;sp ,ilepiy Mrphpah; jpU/Mh;/,uh$nrfud; vd;gth; gzpg[hpa[k; xd;wpaj;jpnyna mwptpay; gl;ljhhp Mrphpah; gjtp cah;t[ tH';f;nfhhp brd;id cah;ePjpkd;wj;jpy; bjhLj;j tHf;fpy; hpl; kDjhuhpd; nfhhpf;if kPJ murhiz vz;/174 ehs; 15.09.2006f;nfw;g jFjpapd;go ,uz;lhk; gpujp thjp chpa Miz gpwg;gpf;f bjhptpj;jpUg;gjhy; jw;bghGJ me;jey;Y}h; xd;wpaj;jpYs;s 6. 7.
8 tFg;g[fspy; fhyp Vw;gl;Ls;s ,ilepiy Mrphpah; kw;Wk; gl;ljhhp Mrphpah; fhyp gzpapl';fs; gl;ljhhp Mrphpah; gzpapl';fshf epiy cah;jjg;gl;lJk;
,f;fy;tp Mz;oy; rhh;e;j Mrphpahpd; nfhhpf;ifia Kd;Dhpik kw;Wk; (Seniority in the panel) jFjpapd; mog;gilapy;. tpjpfSf;Fg;gl;L gjtp cah;t[ tH';f ghprPypf;fg;gLk; vd bjhptpf;fyhfpwJ/" .
12. Thus being the case, the respondents ought to have consider the case of the petitioner since the impugned order was passed in the year 2007, but evenafter, lapse of 10 years, the respondents are not shown their interest to grant the relief as sought for by the writ petitioner in the impugned order.
13. In the light of the above :
i) the writ petition is allowed;
ii) the impugned order passed by the 2nd respondent Na.Ka.25636/L3/2007 dated 10.10.2007 is hereby quashed.
iii) The respondents 2 and 3 are directed to consider and promote the petitioner as B.T. Assistant Science in the available vacancies in Panchayat Union Middle Schoole in Ananthanallur Panchayat Union, Trichy District and pass appropriate orders on merits and in accordance with law, after giving opportunity of personal hearing to the petitioner;
iv) The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
v) The second respondent is also directed to consider the petitioner's up-gradation. No costs.
19.09.2017 Index :Yes/No Internet : Yes/No kkd
Note : Issue Order copy on 05.03.2018.
M.V.MURALIDARAN,J
kkd To
1. The Secretary to the Government, School Education Department, Fort St.George, Chennai-9.
2. The Director of Elementary Education, College Road, Chennai 600 006.
3. The District Elementary Education Officer, Tiruchirapalli District, Tiruchirapalli.
4. The Assistant Elementary Educational Officer, Andhanallur Panchayat Union, Andhanallur Trichy District.
W.P.No.15595 of 2008 and M.P.Nos.1 & 2 of 2015 19.09.2017