TAMIL NADU ALL COLLEGES TEACHERS ASSOCIATION Vs. SECRETARY TO GOVERNMENT EDUCATION SCIENCE AND TECHNOLOGY DEPARTMENT

JUDGEMENT

(1.) TAMIL Nadu All Colleges Teachers Association, represented by its Honorary Executive President T.M.Kullan, filed this Writ Petition for the issuance of a writ of certiorari to call for the entire records leading to the issuance of G.O.(ID) No.116 Education, Science and Technology Department (Z1), dated 17.9.1996 and G.O.Ms. No.699, Education, Science and Technology (Z.1) Department, dated 26.08.1996, and quash the same.

(2.) ACCORDING to the Honorary President of the Petitioner Association, the members of the Association are the Teachers of all Colleges in Tamil Nadu both Government Colleges and Aided Private Colleges. The main aim of the Association is to protect the interest of the College Teachers' Community and the Association is different from other Associations catering to Teachers. It is stated that the Association is opposed to strikes and boycott of classes for redressal of their grievances with the management/authorities and that they believe in negotiations and, after failure of genuine efforts, move the appropriate court for justice. It is the claim of the Association that the Government have no power to withdraw the disciplinary action initiated against the teachers, who were actually absent by resorting to strike, by general amnesty as the Rules do not provide for such clement approach. The Government have no powers to condone the strike and pay the employees for the said period in violation of the Rule 'no work no pay'. Attending/conducting classes during vacation/holidays, that too after completion of semester, is meaningless and a farce.

(3.) NOW, the question for consideration is as to whether the Government is justified in condoning the absence of the members of the third respondent Association and passing the two Government Orders, directing payment of salary for the strike period and withdrawal of the disciplinary action.