K.TAMILARASI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners are seeking to quash G.O.(1D)No.217, School Education (S.E.5(1)) Department, dated 20.06.2019 and consequently directing the respondents to include the surplus teachers deployed as LKG and UKG teachers for the counselling for transfer.

(2.) Since the issues involved in these Writ Petitions are one and the same, these Writ Petitions are heard together and disposed of by way of this common order.

(3.) According to the petitioners, they are working as Secondary Grade Teachers under the respondents. The first respondent passed G.O.Ms.No.89, Social Welfare Department, dated 11.12.2018 with regard to appointment of existing Secondary Grade Teachers to take classes for LKG and UKG. After passing of said Government Order, the respondents decided to deploy the surplus teachers found in a particular union to take classes for LKG and UKG. The petitioners were found to be surplus in the year 2018-2019 and have been directed to be deployed as Teachers for LKG and UKG. According to the petitioners, various Teachers Union challenging G.O.Ms.No.89, Social Welfare Department, dated 11.12.2018, filed writ petitions in W.P.(MD)No.1091 of 2019 etc., batch, on various grounds including their apprehension that such appointment would lead to reduction in rank, reduction in status, transfer from one department to another department, absence of norms including seniority. In that writ petitions, the Government filed counter affidavit stating that the Secondary Grade Teachers would be governed by Elementary Education Department and there is no merger and the service conditions including the seniority will not be disturbed for any reason. The deployment is made only as per the policy decision of the Government and there is no loss of pay to the petitioners and therefore, the promotion of the petitioners will not be affected, since the original seniority of the petitioners will be maintained in the same Panchayat Union. This Court, by judgment dated 22.05.2019, dismissed the writ petitions by observing the assurance given by the Government in the counter affidavit. By order, dated 03.06.2019 the Teachers, who were found surplus were directed to join as Teachers to take Classes for LKG and UKG and the petitioners joined as per the deployment order.