R RAJAN Vs. DIRECTOR OF ELEMENTARY EDUCATION CHENNAI

JUDGEMENT

(1.) THE petitioner seeks to challenge the impugned proceedings of the first respondent dated 11.06.2007.

(2.) THE brief facts which are required to be stated are that the petitioner was selected and appointed by the Teacher Recruitment Board for the post of Secondary Grade Teacher in the year 1995. THE appointment of the petitioner was on 4.8.1995 in the Sankaran Koil Union, Tirunelveli District. On 08.07.1997, he was transferred for the first time to Vasudevanallur Union of the same district, where he continue to perform his duties for the past 12 years. As per rule 35(a) of the Tamil Nadu State and Subordinate Service Rules, the seniority of a person in a service, class or category or grade should be determined by the rank obtained by him from the list of approved candidates drawn up by the T.N.P.S.C. or other appointing authority and in the case of the petitioner which is the Teachers Recruitment Board. After the recruitment made in the year 1995, since the various teachers recruited in that selection could not be accommodated in their respective districts or the Panchayat Unions to which they belong, the State Government issued G.O.Ms.No.388 dated 19.06.1996 by which it was provided that if at their request such of those teachers who were selected in 1995 by the Teachers Recruitment Board, who were initially posted in a different district, seek for posting in their native district the same to be favourably considered and by virtue of such posting the seniority as determined in the year 1995 in the select list shall not be altered.

(3.) THE said set of expression contained in the proceedings dated 10.3.2000 if applied by referring to the statement found in the proceedings dated 4.10.2001 again in paragraph 5 of the said proceedings, it can be stated without any contradiction that as a one time measure, the teachers, selected and appointed in 1995 under the selection made by the Teachers Recruitment Board, are entitled to seek for transfer irrespective of their initial place of posting whether it be to their native district or native panchayat union. When the first respondent had stated the said position in such an uncontraverted manner the impugned proceedings dated 11.6.2007 containing a totally conflicting directions, vis-a-vis the G.O. and the subsequent proceedings dated 4.10.2001 will cause serious detriment to the interest of such of those teachers who seek for any transfer for the first time in their career after their initial appointment of 1995.