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2019 DIGILAW 1306 (MAD)

Government of Tamil Nadu Rep. by the Secretary to Government, School Education Department, Secretariat, Chennai v. V. Kalaiarasi

2019-04-26

K.K.SASIDHARAN, P.D.AUDIKESAVALU

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JUDGMENT : P.D. Audikesavalu, J. The intra-Court Appeals arises out of the common order dated 04.06.2018 in W.P. Nos. 17040 and 17041 of 2014 passed by the Learned Judge of this Court. 2. The Government of Tamil Nadu issued G.O. Ms. No. 239, Education Department dated 22.09.2007 directing that promotion to the post of B.T. Assistants have got to be filled up by 100% promotion from qualified Secondary Grade Teachers in the subject concerned. During the academic year 2012-2013, there was a proposal to promote the Secondary Grade Teachers who had undergone three years Bachelors degree in the subject concerned and possess Bachelor of Education degree. However, a batch of Writ Petitions were filed before this Court challenging the inclusion of candidates, who do not have three years degree in the concerned subject, also for that promotion. Those Writ Petitions were disposed by common order dated 14.08.2012 by the Learned Judge of this Court holding that a Secondary Grade Teacher, who has one year degree is not eligible for such promotion and that only those teachers, who possessed three years degree in the concerned subject and B.Ed., degree are eligible for such promotion. The said common order passed in that batch of cases was taken up in appeal before a Division Bench of this Court in W.A. No. 529 of 2013 etc., batch. During the pendency of those appeals, when it was brought to the notice of this Court that taking advantage of the situation, the Education Department was transferring teachers from other departments for filling up posts on which promotions were to be made, this Court by an interim order dated 26.09.2013 held that the transfers for filling up the posts in question is subject to the result of those Writ Appeals. The Writ Appeals were finally dismissed by this Court on 05.02.2014. The First Respondents in these appeals, who were eligible for promotion, ought to have been granted the same pursuant to the final order passed in the aforesaid Writ Appeals, but, as the promotional posts in their Union had already been filled up by transferring the Second Respondents in both appeals from other Unions, the First Respondents could not be granted such promotion. Aggrieved thereby, the First Respondents in both appeals had preferred W.P. Nos. Aggrieved thereby, the First Respondents in both appeals had preferred W.P. Nos. 17040 and 17041 of 2018 before this Court and the Learned Judge, who heard the matter, by order dated 04.06.2018, upheld their claim for promotion taking note of the fact that the transfer of the Second Respondents from other Unions was subject to the result of W.A. No. 529 of 2013 etc., batch, which were eventually dismissed, and directed supernumerary posts to be created for accommodating the Second Respondents in the same Union. 3. The Appellants have preferred these appeals against the aforesaid order on the ground that the Learned Judge ought not to have directed the creation of supernumerary posts as it would cause unnecessary financial burden on the State Exchequer. 4. This Court at the time of admission on 04.04.2019, required the Learned Special Government Pleader appearing for the Appellants to take instructions as to whether the First Respondents could be accommodated by sending back the Second Respondents who came from other Unions. When the matter for taken up for hearing on 09.04.2019, after hearing the Learned Counsel appearing for the parties, this Court passed the following order:- “We have already indicated that the Appellants were not justified in transferring the teachers in the post of B.T. Assistants from other Unions thereby denying the chances of promotion to the respective first respondent in the intra-Court appeals. 2. The respective Fifth Respondent in W.P. Nos. 17040 & 17041 of 2014 namely, Amudha and Sudha were transferred to a particular Union by way of administrative order and it was not a case of re-deployment. We have given sufficient opportunity to the Appellants to re-consider the issue by sending back the respective Fifth Respondent in W.P. Nos. 17040 & 17041 of 2014. 3. Let a formal order be passed by the Government transferring back these two officers to their respective places or any other Union positively by 26 April, 2019 failing which the Secretary to Government, Education Department shall appear along with the Director of Elementary Education before us in person on 29 April, 2019. 4. Post on 26 April, 2019.” In compliance of the aforesaid order passed by this Court, the Learned Special Government Pleader has today produced proceedings Na. Ka. 4. Post on 26 April, 2019.” In compliance of the aforesaid order passed by this Court, the Learned Special Government Pleader has today produced proceedings Na. Ka. No. 3205/Aa1/2018 dated 25.04.2019 promoting the First Respondents in both appeals to the post of B.T. Assistants (English) in the schools in the Union to which they belong and the same is taken on record. 5. The Learned Counsel appearing for the First Respondents contends that the First Respondents in both appeals have been promoted only with effect from 25.04.2019 and not from the year 2013, when they ought to have been given their due promotion. We do not express any opinion in this regard and we leave it open to the First Respondents in both appeals to pursue appropriate remedy before the concerned forum in accordance with law for that purpose. 6. The Learned Counsel appearing for the Second Respondents submitted that the Second Respondents in both appeals have been placed in a piquant situation on account of their re-transfer to the Unions from which they had come, at this distance of time pursuant to the orders promoting the respective First Respondents to the posts in their Union. As we have already expressed in our order dated 09.04.2018 that the Second Respondents in both appeals shall be re-transferred to their respective Union from which they have been transferred or other Unions, it is incumbent upon the Appellants to carry out the aforesaid exercise without brooking any delay. We also grant liberty to the Second Respondents in both appeals to make written request during counselling or by way of administrative exigencies, for the forthcoming academic year by posting them at a place of their preference where vacancy is available, subject to their satisfying the required conditions stipulated for the same. 7. The Writ Appeal is disposed of with the aforesaid observations. Consequently, the connected Miscellaneous Petitions are closed. No costs.