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2014 DIGILAW 3915 (MAD)

State of Tamil Nadu v. P. Velayutham

2014-10-17

N.PAUL VASANTHAKUMAR, P.R.SHIVAKUMAR

body2014
Judgment N. Paul Vasanthakumar, J. 1. Heard the learned Special Government Pleader for the appellants and Mr.R.Saseetharan, learned counsel for the respondent. 2. This writ appeal is filed against the order made in W.P.No.2096 of 2012, dated 10.10.2012, wherein the prayer made by the respondent to direct the appellants to upgrade him as Physical Director for Ramasamy Pillai Higher Secondary School, Ilanchi, Tenkasi Taluk, Tirunelveli District, from the post of Physical Education Teacher, as per G.O.Ms.No.525, School Education (D1) Department, dated 29.12.1997 with time scale of pay and to grant arrears of pay and to fix the last pay drawn by the respondent in the post of Physical Director and send the revised proposal and to grant arrears of pension and other terminal benefits, was ordered by the learned Single Judge taking note of the earlier order made in W.P.No.35922 of 2005, dated 21.12.2009 and disposed of the same within a period of three months. 3. The contention of the respondent before the learned Single Judge was that he was initially appointed as Physical Education Teacher on 16.7.1980 in Ramasamy Pillai Higher Secondary School, Ilanchi in Tirunelveli District. The said school is a private aided higher secondary school. Initially, the school was High School and upgraded as Higher Secondary School with effect from the month of July, 1978 when +2 pattern of education was introduced. At that time, as qualified teachers were not available to handle higher secondary classes, the Government have decided to entrust the Physical Education Teachers with the work of Physical Director by giving a special pay of Rs.25/- from 16.7.1980, which was enhanced to Rs.40/- and Rs.80/- on 1.10.1984 and 1.9.2008 respectively. G.O.Ms.No.525, was issued by the Government on 29.12.1997 with effect from 1.6.1998, ordering to have a Physical Director with the strength of over 400. The contention of the respondent is that if the strength of the higher secondary course is more than 400, then only Physical Director post is available. The issue as to whether the students in the lower classes can also be counted for sanction of Physical Director post in a recognised and aided higher secondary school, was already considered by this Court in the above referred WP and in paragraph- 6, it was held as follows: "6. I agree with the said submission of the learned counsel for the petitioner. I agree with the said submission of the learned counsel for the petitioner. As rightly pointed out by the learned counsel for the petitioner, when clause 3 contemplated a student strength of 250, with a school having classes from Standard VI to X, Clause 3 is referable to a case of a high school having classes upto Standard X. In the case of higher secondary schools, the classes run therein has to be read as upto XII Standard. In the case of High Schools, when the contemplation of fixing the strength of Physical Education Teacher is that for the student strength exceeding 250 therein, there shall be one post of Physical Education Teacher and for every additional strength of 300, there shall be one additional post of Physical Education Teacher with a maximum of three, it stands to reason that in the case of a higher secondary school wherein the classes are upto XII standard, the student strength has to be considered as one referable not restricted to a case of Classes XI and XII alone. Reading paragraph 4 along with the earlier explanation, the idea appears to be that the strength of the school as a higher secondary school has to be taken not with reference to the standards of XI and XII alone but as a higher secondary school offering classes upto Standard XII. A reading of the Government Order shows that while in the case of a high school having upto Standard X the student teacher ratio is fixed, in respect of higher secondary school, taking note of the subjects offered as a course of study, the teacher ratio is fixed. Beyond that, as far as Physical Education Teacher is concerned, in the absence of the same given as a special subject of study, the teacher is concerned, in the absence of the same given as a special subject of study, the post has to be construed keeping in mind the total strength of the school as such and not with reference to the student strength in Standards XI and XII alone. If the argument of the respondents is to be accepted that Clause 4 refers to student strength of 400 studying in classes XI and XII alone, then that would merely introduce an element of artificial and unrealistic understanding of the Government Order that the Government restricted the reference of higher secondary school to standards XI and XII alone. Given the reason for introduction of the Government Order that on upgradation the school has to have a specific number of teachers catering to the needs of the student population, physical education being an important aspect in the school curriculum, it is but necessary that taking the clue from Clause III, in the case of Higher Secondary education, the strength has to be read as 400 in total of the higher secondary school offering study upto XII Standard and not Classes XI and XII alone. I have no hesitation in granting the prayer of the writ petitioner, thereby quashing the proceedings dated 7.10.2005. Thus the petitioner be upgraded to the post of Physical Director." 4. The learned Special Government Pleader appearing for the appellants is not in a position to state as to whether the said order was appealed and the finding of the learned Single Judge was set aside. The learned Single Judge has relied on the said judgment, which was allowed to become final and directed the first appellant to consider the claim made by the respondent in terms of the said order of this Court and pass orders, within a period of three months. We are unable to find any reason, as the judicial finding, which attained finality is bound to be accepted by the appellants, who are also parties in the earlier writ petition. 5. In the result, the writ appeal is dismissed. No costs. Connected miscellaneous petition is closed.