O S MURUGESAN Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) THE petitioner has come forward to file the present Writ Petition seeking to challenge an order dated 20.7.2011 passed by the 1st respondent and the consequential order dated 21.7.2011 passed by the 2nd respondent and after setting aside the same seeks for a direction to the 1st respondent to give the post of B.T.Assistant in the same Middle School or any other Middle School in Nallamapdi Union at Dharmapuri District. By the impugned order, the petitioner, who was working as a Graduate Assistant in the Panchayat Union Middle School at Sivadi, Nallampalli Union was reduced to the rank of Secondary Grade Assistant and posted at Panchayat union Primary School at Pagalaalli in the same Union. It was stated that the said reduction was caused due to the fact that the school in which the petitioner was working was upgraded as High School and there was no post, in which the petitioner either as Middle School Headmaster or Inducted Graduate Teachers could be absorbed in the said School. In view of the fact that there were no vacancies, the junior most person was reduced to the rank of Secondary Grade Assistant. Consequent upon the said order, the petitioner was given appropriate posting order.

(2.) WHEN the matter came up on 2.8.2011, this Court directed the learned Government Advocate to take notice and get instructions from the respondents. Accordingly, the District Elementary Educational Officer, Dharmapuri gave a written instruction dated 3.8.2011 to the counsel, which was produced before the Court. Subsequently, this Court directed the 1st respondent to file counter affidavit. Accordingly, a counter affidavit dated 8.8.2011 was filed by him.

(3.) THERE were 53 Panchayat Union Middle Schools in Nallampalli Panchayat Union prior to the academic year 2011-2012, out of which 5 Panchayat Union Middle Schools were upgraded as Government High Schools. While upgradation of Panchayat Union Middle School as Government High School, all the posts in standards 6-8 existing in that Middle School are absorbed into Government High School along with the Teachers working in that posts including the vacant posts. It was only if a Teacher who is likely to be absorbed expressed his willingness not to serve in the High School, only the post will be taken to the High School and unwilling Teacher will be transferred to other Panchayat Union Middle School in the same Panchayat Union in an existing vacancy. If there are no vacancies in the Panchayat Union for absorbing the said unwilling Teacher, then the junior most will be reverted to lower rank in order to provide a place for the unwilling senior most Teachers. This is the normal practice adopted by the Department while upgradation of a Primary School to High School.