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2020 DIGILAW 1218 (MAD)

Tamil Nadu Elementary School Teacher's Federation, Rep. by its District Secretary, A. Justin v. State of Tamil Nadu, Rep. by its Principal Secretary to Govt. , School Education Department, Chennai

2020-08-07

A.P.SAHI, SENTHILKUMAR RAMAMOORTHY

body2020
JUDGMENT : A.P. Sahi, J. (Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 06.07.2020 passed in W.P.No.8790 of 2020 on the file of this Court.) 1. The issue concerns the harnessing of teachers for rendering services relating to the Covid situation in the State of Tamil Nadu. 2. We have heard Mr.G.Sankaran, learned counsel for the appellant and Sri.C.Munusamy, learned Special Government Pleader for respondent no.1 as well as Mrs.Karthika Ashok, learned counsel for the respondent no.2 / Greater Chennai Corporation. 3. The appeal arises out of the dismissal of a writ petition filed by the appellant Association where the learned single Judge has, apart from dismissing the writ petition, imposed a cost of Rs.10,000/- on the appellant for having filed the writ petition that was devoid of merits and substance, more particularly, in the background in which it had been filed. 4. In our opinion, so far as the grievance is concerned, we agree with the learned single Judge that to raise the issue as a justiciable issue in this pandemic circumstance was not appropriate at least on behalf of a teacher's Association to contend for the prayers that were made in the writ petition. However, at the outset, Mr.G.Sankaran, learned counsel for the appellant submits that in due deference to the prayers made in the writ petition, the concern of the appellant was to serve the people but only in accordance with the guidelines that have been framed by the Government itself vide Letter dated 02.05.2020. The same is extracted hereinunder:- School Education Department, Secretariat, Chennai-9. Letter No.1/PS(SE)/2020 dated 02.05.2020 From Dheeraj Kumar, I.A.S. Principal Secretary to Government. To All District Collectors Sir/Madam, Sub: School Education – COVID 19 – To utilize the voluntary services of teachers up to the age of 50 years for non-medical duties – reg. Ref: Representations received from various Teachers Associations dated 24.04.2020 and 27.04.2020. --------------- In the representations cited in the reference, the Teachers' Association have stated that the teachers of the Government Schools in various districts have already involved themselves voluntarily in rendering non-medical services to the public during this lockdown period. They have further expressed their willingness to work voluntarily along with the District Administration and have requested to issue necessary guidelines for the same. 2. They have further expressed their willingness to work voluntarily along with the District Administration and have requested to issue necessary guidelines for the same. 2. In this connection, I am directed to inform that all the District Collectors may utilize the services of teachers, upto the age of 50 years, in their respective districts who are willing to render voluntary services during this present COVID-19 situation for non-medical duties such as enumeration, regulating civil supplies distribution, monitoring of Social Distancing in public places, creating awareness among the public, etc. The Chief Educational Officers should prepare the list of teachers, upto 50 years of age, who are willing to render voluntary services and give it to the District Collector for utilizing their services for non-medical duties. Yours faithfully, sd/- for Principal Secretary to Government 5. Learned counsel for the appellant submits that several teachers who were above the age of 50 years had been summoned for discharging duties which was not in conformity with the said guidelines and therefore, his contention is that he does not oppose the imposition of such conditions, but the conditions which have already been spelt out should not be breached while implementing the same. 6. Learned Standing Counsel appearing for the respondent Corporation has brought to our notice the Division Bench judgment dated 13.07.2020, which is extracted hereinunder:- “This Public Interest Litigation has been filed by the Association on behalf of its Members, who are teachers, challenging the impugned proceedings of the 3rd respondent, by which, named Greater Chennai Corporation (GCC) teachers have been asked to supervise and coordinate with the volunteers appointed for the purpose of Home Isolation and Home Quarantine. 2. The functions meant to be performed by the Officers are extracted hereunder:- “The above officials shall perform the following functions in respect of Home Quarantine & Isolation Management system(HQIMS). (1) The list of Houses under Home Isolation/Home Quarantine will be shared with the Covid Response Team set up at the Division Level on a daily basis from the Head Quarters, GCC. (2) The T.Cs/L.Is/P.Cs at the Division Level shall take this list of Houses and divide it amongst the volunteers who will be appointed for the purpose of Home Isolation/Home Quarantine door-to door monitoring. (3) The T.Cs/L.Is/P.Cs/Teachers shall supervise the attendance and function of the volunteers on daily basis conducting regular field visits. (2) The T.Cs/L.Is/P.Cs at the Division Level shall take this list of Houses and divide it amongst the volunteers who will be appointed for the purpose of Home Isolation/Home Quarantine door-to door monitoring. (3) The T.Cs/L.Is/P.Cs/Teachers shall supervise the attendance and function of the volunteers on daily basis conducting regular field visits. (4) Assessors & Teachers are at the Unit Level and AROs at the Zonal Level as indicated shall supervise the functioning of this Home Quarantine Management System on a daily basis by conducting regular field visits. (5) A reporting format will be conveyed separately which will have to be collected from all the volunteers every day. (6) The T.s/L.Is/Teachers shall ensure Daily Web Reporting through GCC Covid Care Portal in respect of their divisions. (7) The T.C/L.Is/Teachers/Assessors/ AROs in coordination with Volunteers shall also ensure that the individuals/families in HI/HQ are assured of supply of basic such as (Medicines, provisions, etc. (8) Repeated offenders who violate Home Isolation/Home Quarantine shall be booked under relevant sections of IPC and Disaster Management Act, 2005. The concerned TC/LI/Teachers shall submit the complaint to the Police Station for booking of FIR on such identified repeated offenders. (9) The T.Cs/L.Is/P.Cs/Assessors/Teachers and AROs shall work in coordination with each other and with the volunteers of ensure a fool-proof yet citizen friendly HQIMS to ensure that people under Home Isolation/Home Quarantine stay in their houses for the mandated period and stop the Covid transmission chain. The above officials from Teachers Education Department GCC are co-ordinate with Police Department and GCC staffs are hereby posted in the respective divisions to co-ordinate the implementation and seamless functioning of Home Quarantine & Isolation Management System.” 3. The learned counsel for the petitioner submitted that the named teachers being in the teaching profession cannot be used for any other purpose. No facilities have been extended for their own personal protection. There are other logistic issues involved including transportation, furnishing of mask, gloves, food and rest room. 4. The learned Standing Counsel appearing for the Corporation of Chennai and the learned Additional Advocate General appearing for the State submitted that the role assigned to the named teachers is clear and specific. They are not volunteers per se are expected to coordinate and supervise the work of the volunteers. Therefore, their functions are distinct and different from that of the volunteers. They are not volunteers per se are expected to coordinate and supervise the work of the volunteers. Therefore, their functions are distinct and different from that of the volunteers. In any case, adequate steps have been taken to make sure that the named teachers are able to perform their functions without any difficulty including the likelihood of health hazard. They further submitted that even the named teachers have been provided lunch apart from transport facility wherever required. Separate rest rooms are provided for male and female teachers. 5. From the submissions made, we do not find any reason to interfere with the impugned order. After all, the named persons are public servants and we are dealing with the pandemic situation. A teacher is a natural leader. The position of a teacher is much higher in the society. They have to take into consideration the over all interest of the nation. When a nation's call is made, we expect a public servant and that too, a teacher to grab that opportunity and be a role model to the others. It is not, as if, the teachers are imparting education and knowledge to the students now. In view of the pandemic situation, now schools have been closed. Further more, they are not doing the work of the volunteers. If the contention of the learned counsel for the petitioner is accepted, the same can very well be applied to the officers in the other departments viz., Revenue and Police Departments. Every pubic servant is expected to perform his duty in order to alleviate the on going problems. When volunteers are expected to work on ground, a public servant cannot wash off his hand. It is not, as if, the entire teaching community is asked to work. In fact, the named persons are asked to do a specific work, which is not akin to the work of the volunteers and the work which are discharged by the police officers. It is also temporary in nature. We note that day in and day out the police personnel including the women constables are working on ground. Thus, we do not find neither any public interest nor any merit in this writ petition. The petitioner is trying to espouse the cause of its members through a public interest litigation. 6. It is also temporary in nature. We note that day in and day out the police personnel including the women constables are working on ground. Thus, we do not find neither any public interest nor any merit in this writ petition. The petitioner is trying to espouse the cause of its members through a public interest litigation. 6. We only record the statements made by the learned Standing Counsel appearing for the Corporation of Chennai and the learned Additional Advocate General that adequate measures have been made to facilitate smooth functioning of the named teachers which include the safety measures from the point of view of their health. 7. In view of the above, the writ petition is liable to be dismissed. However, the issue as to whether the writ petition is otherwise maintainable being a service matter is left open. With the abovesaid observations, the writ petition stands dismissed. No costs. Consequently, connected writ miscellaneous petition is also dismissed.” 7. The above mentioned writ petition was filed by an Association of Teachers and ultimately, the Court, after noticing the facts and a challenge raise to the notification issued, the implementation whereof is sought in the present appeal, held that no case was made out for interference and that the entire teaching community should come forward in these pandemic times to serve the public at large, and hence, there was no public interest involved in a challenge raised to the directives issued by the Government. The writ petition was dismissed subject to any individual service matter being brought to the notice of the Court. 8. We have considered the submissions raised and we have also heard Sri.Munusamy, who submits that the directions have been issued keeping in view the continuing spread of virus, as also the requirement of services of the teachers that are being utilised commensurate to their status and capacity. 9. Learned counsel for the Corporation states that the main work which is being taken from the teachers is of counselling Covid patients, as they are in the best of capacity to execute this work for which adequate arrangements have been made and they are provided all the facilities as noted by the Division Bench in the judgment quoted above. 10. Learned counsel for the Corporation states that the main work which is being taken from the teachers is of counselling Covid patients, as they are in the best of capacity to execute this work for which adequate arrangements have been made and they are provided all the facilities as noted by the Division Bench in the judgment quoted above. 10. Upon a consideration of the said submissions, we find that the appellant is not opposing any directives issued or the services to be rendered by the teachers in accordance with the guidelines prescribed. The only grievance now appears to be of the guidelines not being followed as enumerated. 11. We find that the services of the teachers of the Corporation or otherwise of any local authority can be engaged and for that, the District Disaster Management Authority, as contemplated under Section 25 of the Disaster Management Act, 2005, with the District Magistrate as Chair Person is constituted and its powers have been enumerated in Section 30, which also includes that the District Authority shall ensure that the areas in the district vulnerable to disasters are identified and measures for the prevention of disasters and the mitigation of its effects are undertaken by the departments of the Government at the district level as well as by the local authorities. The District Authority is also to ensure that the guidelines issued by the State Authority are also followed by all departments of the Government at the district level and the local authorities in the district. It has several other wide powers which are enumerated in sub-section (2) of Section 30. With these wide powers available, it is also worth noting that local authorities are also entrusted with certain duties as contained in Chapter VI, under Section 41. All the resources of the local authority are to be made available including the employees and officers who are to be trained for disaster management and to carry out any relief or rehabilitation work or such other measures as may be necessary. Apart from this, Section 33 of the Act empowers the District Authority to requisition the services of any officer of any department or any local authority. 12. Apart from this, Section 33 of the Act empowers the District Authority to requisition the services of any officer of any department or any local authority. 12. It is thus evident that the Disaster Management Act itself empowers the authorities to undertake such measures and therefore, the learned counsel for the appellant is right in his submission that the implementation has to be carried out as per the guidelines framed. 13. We find that the prayer as formulated originally in the writ petition and as contained in paragraph 14 of the affidavit in support of the petition as well as the final prayer do indicate a prayer for not allowing the teachers from conducting tele-counselling service and street warrior service, but a caveat has been put in that it should not be done without ensuring safety measures, etc. 14. Learned counsel for the appellant contends that the learned single Judge dismissed the writ petition with costs on the presumption as if the association was espousing a cause contrary to the intention of the Government and the guidelines framed for the pandemic, but the said assumption is not correct and therefore, the impugned judgment is vitiated. 15. As noted above from the prayer and the pleadings made, there was an element of resistance to the implementation subject to certain terms and conditions that were indicated therein. We are of the opinion that the resistance was unfounded and so far as the terms and conditions are concerned, the guidelines issued and any other measures which are required to be taken are a matter of policy decision by the Government, which we hope and trust that the Government would undertake to ensure that when the teachers are pressed into service for any such work, adequate arrangements are made concerning their hygiene as well as their personal protection of whatever level may be expected. But, at the same time, we may also point out that as and when educational institutions resume functioning, the Government should also measure the impact thereof as services of the teachers would be required in the educational institutions for carrying out their original work. 16. But, at the same time, we may also point out that as and when educational institutions resume functioning, the Government should also measure the impact thereof as services of the teachers would be required in the educational institutions for carrying out their original work. 16. In the said circumstances, we dispose of this appeal with liberty to the respondents to take appropriate work from the teachers in accordance with the guidelines as prescribed by them, subject to any such other conditions that may be necessary, but on the facts of the present case, we absolve the appellant of the costs imposed on them, which would stand deleted from the impugned judgment dated 06.07.2020. No costs. Consequently, C.M.P.No.8436 of 2020 is closed.