Lalitha v. State of Tamil Nadu, Rep by its Secretary to Government, School Education Department, Chennai
2012-11-30
D.HARIPARANTHAMAN
body2012
DigiLaw.ai
Judgment :- 1. The petitioner joined as a Secondary Grade Teacher in the Guntur Elementary School at Chengalpattu pursuant to the order dated 03.11.1987 on contract basis. Though the petitioner was a Tamil Pandit, she was appointed as Secondary Grade Teacher, since there was no candidate available with the secondary grade qualification. 2. The Government issued G.O. Ms. No.539, Education (MI) Department, dated 21.04.1986 for appointment of Tamil Pandit as Secondary Grade Teachers due to dearth of Secondary Grade Trained Teachers. At the end of the academic year, she was relieved from her duties. Again, the petitioner was appointed as a Secondary Grade Teacher in the same school by the Chief Educational Officer in his order dated 09.05.1988, based on the proceedings dated 04.05.1988 of the Director of Elementary Education that the teachers, who served upto the end of the acamedic year, shall be appointed on the date of re-opening of the school. Accordingly, the petitioner joined duty on 01.06.1988. The petitioner was transferred to Vadamalai Middle School on 27.06.1991. On attaining the age of superannuation, she retired from service on 30.09.2010. 3. Though the petitioner served for 23 years, the services of the petitioner was not regularised and she was not given the increments, selection grade, special grade and also retirement benefits. The proposal sent for regularisation of the service of the petitioner from the date of her appointment, was rejected by the Government in the impugned order dated 19.05.2011 on the ground that at the time of joining the service, the petitioner was over aged by 9 months. 4. This writ petition is sought to quash the order dated 19.05.2011 of the first respondent and for direction to regularise the service of the petitioner by relaxing the age and to grant terminal benefits, pension, periodical increments, leave salary, selection and special grade pay and other attendant benefits. 5. A counter has been filed by the fourth respondent stating that since the petitioner was over aged by 9 months, the regularisation was declined. 6. Heard both sides. 7. The first respondent issued G.O. Ms. No.510, Education (MI) Department, dated 10.05.1989 to regularise the service of the BT Assistants and Tamil Pandits, who were appointed in the place of Secondary Grade Teachers by relaxing the age, if necessary. Paras 4 to 6 of G.O. 510 are extracted here under: "4.
6. Heard both sides. 7. The first respondent issued G.O. Ms. No.510, Education (MI) Department, dated 10.05.1989 to regularise the service of the BT Assistants and Tamil Pandits, who were appointed in the place of Secondary Grade Teachers by relaxing the age, if necessary. Paras 4 to 6 of G.O. 510 are extracted here under: "4. The Government in relaxation of the condition (ii) in paragraph 2 of G.O. Ms. No.539, Education, dated 21.04.1986, direct that the services of all the serving secondary grade teachers with the B.T. And Post-Graduate qualifications, Tamil Pandit qualification and secondary grade qualification, who were appointed on contract basis and who had renewed their contract appointment, during the academic year 1988-89 he regularised with effect from their date of joining duty in the academic year 1988-89 in the category of Secondary Grade Teachers provided they satisfy the age rule prescribed in the Special Rule. The Director of School Education is requested to take suitable action to issue orders appointing those candidates on regular basis as per these orders. 5. The Government also direct that the services of the teachers, who do not satisfy the rule, be regularised only after the rule relating to the qualification with reference to age is relaxed by Government. The Director of School Education is requested to send suitable proposals to Government in respect of these candidates immediately. 6. The Government also direct that B.T. or Tamil Pandits appointed to the Secondary Grade Posts on contract basis and whose services are ordered to be regularised in paras 4 and 5 above, shall be eligible to draw the scale of pay as applicable to the post of Secondary Grade Teachers and that they are not eligible to draw any incentive increments or higher scale of pay by virtue of their possessing higher qualification, etc. 8. In view of G.O. 510, referred to above, the impugned order of the first respondent is liable to be quashed. 9. In any event, the first respondent cannot refuse to regularise the service of the petitioner stating that the petitioner was over aged by 9 months, after 23 years of her service. 10. It is atrocious to keep the teacher without regularising her service and without giving service benefits, increments, leave benefits, selection grade and special grade, for 23 years. The petitioner retired from service, after serving 23 years, without any service benefits.
10. It is atrocious to keep the teacher without regularising her service and without giving service benefits, increments, leave benefits, selection grade and special grade, for 23 years. The petitioner retired from service, after serving 23 years, without any service benefits. Since she was not regularised, she was also not paid terminal benefits. I have no hesitation to hold that the impugned order was passed in violation of Articles 14, 16 and 21 of the Constitution of India, besides the same was passed in contravention to G.O. Ms. No.510, Education Department, dated 10.05.1989. Hence, the impugned order is quashed and the first respondent is directed to pass appropriate orders granting relaxation to the age and also to regularise the service of the petitioner from the date of her appointment and the first respondent is further directed to grant all service benefits such as increments, leave salary, selection grade and special grade and also terminal benefits, within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is allowed. No costs.