TAMIL NADU HIGHER SECONDARY POST GRADUATE TEACHERS ASSOCIATION Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) IN all these writ petitions, the issue involved is the inter se seniority of the Higher Secondary School Teachers who had been appointed over the years from 1978 pursuant to the upgradation of 800 High Schools as Higher Secondary Schools. The Government Order which raised the issue of contention is G. O. Ms. No. 1813, Education Department dated 12. 12. 1988. The Post Graduate Assistants in Academic Subjects/languages in the various Higher Secondary Schools were appointed temporarily under Rule 10 (a) (i) of the General Rules and continued as such for a considerably long time. They had prayed for regularization of their services. The aforesaid G. O. was issued after sympathetic examination of their request and the following order was passed: -

(2.) THE Teachers before the Court fall into three main categories. One group consists of the teachers who were appointed between 1. 7. 1978 and 28. 4. 1981. The Special Rules for Tamil Nadu Higher Secondary Educational Service, which governs this category, were introduced by G. O. Ms. No. 720, Education Department dated 28. 4. 1981. The Special Rules provide for the various classes and categories of officers which constitute the service; the manner in which appointments shall be made to the several classes and categories of service referred to above; the appointing authority in respect of these classes and categories; reservation of appointments; appointments specially provided for women; qualifications as to age and other qualification etc. The Annexure to Rule 7 (a) of the Special Rules lists the names of the various categories, the method of recruitment under those categories and qualifications for recruitment.

(3.) RULE 11 is the saving rule and it provides that notwithstanding anything contained in Rules 2 and 6,