N. RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed seeking a direction to the respondents to recruit/appoint the petitioner and other Head Master of High School as Head Master of Higher Secondary School in the ratio of 3:6 from the post of Headmaster of High School and P.G. Assistants respectively, by rectifying the anomaly in G.O.Ms. No. 260, School Education (g.f.2(1)) Department, dated 11.12.2017 and by considering the petitioner's representation dated 28.05.20019, within the period that may be stipulated by this Court.

(2.) According to the petitioner, he was initially appointed as B.T. Assistant on 17.07.2002 at Block Resource Teacher Educator and promoted as P.G. Assistant (Economics) and further posted as Headmaster of High School through recruitment by transfer on 04.08.2018. Further, the post of P.G. Assistant as well as the post of Headmaster of High School are the feeder categories for the post of Headmaster of Higher Secondary School through recruitment by transfer. As per G.O. Ms. No. 720, School Education Department, dated 28.04.1981, the ratio was prescribed as 50:50. Subsequently, it was modified as 2:5 by virtue of G.O.Ms.No.1619, School Education Department, dated 18.10.1988. While so, there were inducted P.G. Assistants in the Higher Secondary level and they were also given chance for promotion and therefore, the ratio was fixed as 2:5:2 (2 High School Headmaster : 5 P.G. Assistants : 2 Inducted P.G. Assistants). The said procedure was followed as per G.O.Ms.No.815, School Education Department, dated 11.09.1992. Even though the P.G. Assistants are eligible and forming part of the feeder category, they were not equally considered like that of other feeder categories. There were inducted P.G. Assistants in the Higher Secondary Section and all those teachers were retired two years back and as on date, there were no inducted P.G. Assistants.

(3.) According to the petitioner, the Government issued G.O. Ms. No. 260, School Education Department, dated 11.12.2017, in and by which, the ratio of 2:5:2 was changed into that of 2:7 and thereby, while giving promotion to 7 P.G. Assistants, only two will be given to Headmaster of High School. Perusal of the said Government Order dated 11.12.2017 reveals that since there are more number of P.G. Assistants, they are not in a better position as compared with that of the Headmaster of High School and therefore, the ratio provided for the inducted P.G. Assistants may be exclusively provided for the P.G. Assistants. The said finding is contrary to the actual position, as the P.G. Assistants are also considered for the post of Headmaster of High School. The first respondent while issuing the said Government Order, has not considered the claim of the Headmaster of High School, nor they were put on notice in that regard. The said Government Order has been issued in pursuant to the proposal submitted by the second respondent, who also, did not choose to consider the grievances of the Headmaster of the High School. Hence, the petitioner has sent representation to the respondent, but so far, no action has been taken. The counselling for promotion to the post of Headmaster of Higher Secondary School is scheduled to be held on 08.07.2019.