T AIAGARSAMY Vs. DIRECTOR OF SCHOOL EDUCATION MADRAS

JUDGEMENT

(1.) THESE five writ appeals arise out of a common order passed by the learned single Judge in live writ petitions filed by the respective appellants challenging the provision made with regard to the determination of seniority as between the teachers who were originally employed in the District Boards Secondary Schools which were originally run by the District Boards before the abolition of the District Boards in the year 1960-61 and the teachers in the regular Government schools consequent upon the teachers in the employment of the erstwhile District Boards Secondary Schools being integrated with the teachers in the Government schools. The facts which gave rise to the five writ petitions which are filed in all by 23 teachers are not in dispute. Consequent on the formation of the Panchayat Unions, the District Boards were abolished in the year 1960-61. In 1963, the administration of the former District Board Schools was brought under the Control of the Special District Educational Officers. In G.O.Ms.No. 539, Education, dated 13.4.1966 the Government ordered that these schools should be transferred to the Government and treated as Government Secondary Schools with effect from 1.4.1966. This G.O. was followed by G.O.No. 761, Education,dated 16th May, 1970. By this CO. the Government specifically directed that the absorption of the teaching and non-teaching staff in the erstwhile District Board Secondary Schools in Government service shall take place from 1.4.1970. It was also directed that the personnel so absorbed will constitute a separate service in the Education Department, each category of posts forming a separate cadre under the service with the present scales of pay. This service was to be named as the Tamil Nadu Educational Subordinate Service (B). Paragraph 4 which dealt with the promotion of these teachers read as follows:

(2.) WHILE the teachers who were originally working in the District Boards Secondary Schools were after absorption with effect from 1.4.1970 formed wing of the Tamil Nadu Educational Subordinate Service, the teachers in regular Government Schools were classified as Wing of the Tamil Nadu Educational Subordinate Service.

(3.) THIS G.O.Ms.No.1968 (Education), dated 2.11.78 was challenged before the Supreme Court in T.N.ED. DEPTT. M. & G. SUB. SER. ASSOCN. v. STATE Of T.N., (1980)3 S.C.C 97: (1980)1 S.C.R. 1036: (1980)1 S.C.J. 551: A.I.R. 1980 S.C. 379, by the Tamil Nadu Education Department Ministerial and General Subodinate Services Association which consisted of members of the wing i.e., teaching and non-teaching staff of the Government schools. The two decisions of the Government which were challenged were: (1) fixing the ration between the two wings in the matter of promotion and (2) fixing the principle for computation of service in determining common seniority. These decisions were challenged as capricious. arbitrary and traumatic It may be remembered that the ratio prescribed for the ministerial and the teaching staff as between the wing and the wing was 5:3 and 3:2 respectively. While upholding the G.O., the Supreme Court pointed out that all schools to be opened after 1.4.1970 were to be Government schools and so the dichotomy between the staff of erstwhile District Board schools and Government schools and so the dichotomy between the staff or erstwhile District Board schools and Government schools no longer persisted. The Supreme Court upheld the ratio with the following observations: