MANAGER Vs. G VINCENT PAULRAJ

JUDGEMENT

(1.) The appellant school is a minority school run by the Salem Diocese Society. It run 43 schools all of which have been recognised under the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act 1973. A common seniority list is maintained of all the teachers working in all these schools. The society has been effecting transfers of its teachers from one school to another, such transfers being authorised under the Rules of the society which rules are made part of the service conditions of the employees by the undertaking obtained from the teachers in their service registers that they will be bound by the rules of the society.

(2.) The 1st respondent is one of the teachers employed in the school run by the appellant at Salem. He along with many others, said to number about fifty, were transferred in the year 1998. Though all the others took up their places at the schools to which they were posted, the 1st respondent resisted the transfer and filed a writ petition in this Court which has been allowed by placing reliance on the judgment of the Full Bench of this Court in the case of The Correspondent, Malenkara Syrian Catholic School, Marthandam, Kanyakumari District. vs. J. Robinson Jacob and others [1998 (3) M.L.J. 595].

(3.) In that case, the Full Bench examined the scheme of the Act and the Rules and held regarding transfer that,