LAWS(SC)-1979-10-51

TAMIL NADU EDUCATION DEPARTMENT MINIS TERIAL AND GENERAL SUBORDINATE SERVICES ASSOCIATION Vs. STATE OF TAMIL NADU

Decided On October 23, 1979
TAMIL NADU EDUCATION DEPARTMENT MINISTERIAL AND GENERAL SUBORDINATE SERVICES ASSOCIATION Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) These two writ petitions under Article 32 of the Constitution involve identical, though familiar, constitutional questions based on Articles 14 and 16 covered by rulings of this court. The setting too is familiar as also the submissions. For these reasons a brief narration of the facts, a terse enunciation of the law and a common judgment for both will suffice.

(2.) The Tamil Nadu State had schools at the various levels, primary, middle and high, run by the public sector consisting of Panchayats, District Boards and Government. Progressively, Panchayat Schools were absorbed by District Board and, eventually those managed by the latter were taken over by Government.

(3.) We are not concerned with the teaching and non-teaching staff under the Panchayats and their service fortunes when fused into District Board Service, except to notice that, in integration, the date of entry into District Board service not the service under the Panchayat, was regarded as relevant for purposes of reckoning seniority. The next operation i.e. District Board staff, teaching and non-teaching being sewn into government service is what now falls for consideration by the court. A few skeletal facts to unfold the basic legal contentions alone need be recounted.