T V GOPALAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) PRAYER in these writ petitions is to issue writ of certiorarified mandamus to quash 4(vi) and 7 of G.O.Ms.No.834 Education Science and Technology (HS.II) Department dated 23.9.1994 and the proceedings of the Director of Teacher Education Research Training, Madras 6 in R.C.No.8904/B3/94/DTERT dated 26.6.1995 and to direct the respondents to regularise the petitioners as vocational instructors with effect from the date of their first appointment and fix the time scale of pay on par with B.T. scale with effect from 1.4.1990 and to pay all the arrears and to extend all consequential service benefits.

(2.) THESE two writ petitions have been filed by the so called "unqualified" vocational teachers. The State Government under G.O.Ms.No.1719 dated 14.9.1978 introduced vocational courses at Higher Secondary stage. The Government has decided that part time instructors may be employed for handling vocational courses on payment of consolidated remuneration of Rs.150/- per month. In course of time, the Government also took a decision that a second part time instructor may be engaged separately on payment of Rs.150/- per month and if the part time instructor was not available, the part time instructor already engaged may be allowed to handle more than 20 periods on remuneration of Rs.300/-per month. Such part time instructors who were instructed to take 20 or more periods came to be known as "double part time vocational instructors" and others were known as 'single part time vocational instructors".

(3.) SOON thereafter, the Government issued G.O.Ms.No.834 dated 23.9.1994. Under the said G.O.Ms.No.834, the Government took a decision to regularise the qualified vocational instructors according to their seniority. So far as "unqualified" single and double part time instructors were concerned, the relevant portion is to the following effect :-