TAMIL NADU JUNIORS TEACHERS ASSOCIATION REGN NO 528/2005 Vs. SECRETARY TO GOVERNMENT STATE OF TAMIL NADU EDUCATION DEPARTMENT

JUDGEMENT

(1.) THE other B.T. Teachers appointed in High Schools and Higher Secondary Schools are coming under the control of Director of School Education.

(2.) THE case of the petitioner is that being BT. Assistants appointed in Middle Schools, they have no chance of promotion while B.T. Teachers appointed in High Schools and Higher Secondary Schools have already been promoted. Some of B.T. Teachers appointed in Middle Schools under the control of Elementary Education Department requested for unit transfer from Elementary Education to School Education. It is the case of the petitioner that more than 5,000 B.T. Teachers have already obtained No Objection Certificate from the Director of Elementary Education for the purpose of unit transfer from Elementary Education to School Education. B.T. Teachers who are working in Elementary Education Department were called for counselling for the unit transfer on 29.5.2008.

(3.) THE third respondent, Director of School Education has filed counter affidavit along with the vacate-stay petition. It is the case of the third respondent that B.T. Assistants are being appointed in Secondary Grade Posts belonging to 6 to 8 classes as per G.O.Ms.No.100, School Education (Budget) Department dated 27.6.2003. THE recruitment was monitored by Teachers Recruitment Board. THE above B.Ed. Teachers were appointed on consolidated pay of Rs.4000/- and subsequently, the Government by G.O.Ms.No.99, dated 27.6.2006 regularised their services from 1.6.2006 in B.T. Assistant posts. During 2008-09 the Government issued norms for counselling for transfer of teachers. As per the norms, teachers transferred from one unit to another unit will be placed as junior most person in the unit/Department to which they are transferred and they cannot claim seniority in the parent department. Another condition prescribed for the unit transfer as per State and Subordinate Service Rules is the completion of probation by the incumbent applied for unit transfer. In the case of the members of writ petitioner Association, their probation completed on 31.5.2008 while counselling was called for on 29.5.2008 and therefore, it is the case of respondents that under G.O.Ms.No.100, School Education dated 27.6.2003, it was ordered to appoint B.T. Assistants in the place of Secondary Grade posts in resultant vacancies.