IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.04.2008 CORAM THE HONOURABLE MR.JUSTICE F.M. IBRAHIM KALIFULLA W.P.No.22325 of 2007 and M.P.Nos.2 and 3 of 2007 R. Rajan ... Petitioner vs. 1. The Director of Elementary Education, Chennai-6 2. The District Elementary Educational Officer, Tirunelveli. 3. The Additional Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District. ... Respondents Writ petition filed under Section 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for records in pursuance to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.6.07 and to quash the same and consequently forbear the respondents from altering the seniority of the petitioner in the cadre of secondary grade teacher in the Kovilpatti Panchayat union in pursuant to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.6.07. For petitioner : Mr.K. Shanmugam For respondent : Mr.Edwin Prabakar Additional Government Pleader O R D E R The petitioner seeks to challenge the impugned proceedings of the first respondent dated 11.06.2007. https://hcservices.ecourts.gov.in/hcservices/ 2. The brief facts which are required to be stated are that the petitioner was selected and appointed by the Teacher Recruitment Board for the post of Secondary Grade Teacher in the year 1995. The appointment of the petitioner was on 4.8.1995 in the Sankaran Koil Union, Tirunelveli District. On 08.07.1997, he was transferred for the first time to Vasudevanallur Union of the same district, where he continue to perform his duties for the past 12 years. As per rule 35 (a) of the Tamil Nadu State and Subordinate Service Rules, the seniority of a person in a service, class or category or grade should be determined by the rank obtained by him from the list of approved candidates drawn up by the T.N.P.S.C. or other appointing authority and in the case of the petitioner which is the Teachers Recruitment Board. After the recruitment made in the year 1995, since the various teachers recruited in that selection could not be accommodated in their respective districts or the Panchayat Unions to which they belong, the State Government issued G.O.Ms.No.388 dated 19.06.1996 by which it was provided that if at their request such of those teachers who were selected in 1995 by the Teachers Recruitment Board, who were initially posted in a different district, seek for posting in their native district the same to be favourably considered and by virtue of such posting the seniority as determined in the year 1995 in the select list shall not be altered. 3. Subsequently, the first respondent issued proceedings dated 10.03.2000 and by way of clarification of the stipulation contained in G.O.Ms.No.388 dated 19.06.1996, it was stated that such of those secondary grade teachers, who were appointed by the recruitment made by the Teachers Recruitment Board in the year 1995 can retain their seniority originally fixed if they seek for a transfer from one Panchayat to another Panchayat as a onetime measure. In other words, only once such teachers can seek for transfer from one Panchayat Union to another Panchayat Union and if they seek for a further transfer to a different Panchayat Union, their seniority would be fixed at bottom level of that Panchayat Union to which they seek for transfer on the second occasion. Yet another proceedings came to be issued by the first respondent on 4.10.2001 in which it was again reiterated after referring G.O.Ms.No.388 dated 19.06.1996 as well as the proceedings dated 10.03.2000, by stating that the secondary grade teacher appointed in the year 1995, can retain their seniority when they seek for transfer from one Panchayat Union to another Panchayat Union as a one time measure. Under the order impugned in the writ petition, it is stated that any Secondary Grade Teacher, who got their appointment in any of the Panchayat Union of the native district seek for a transfer to their native Panchayat Union or some other Panchayat Union in the same district, they will not be permitted to retain their seniority assigned to them at the time of their selection in the year 1995. https://hcservices.ecourts.gov.in/hcservices/ 4. When the stipulations contained in G.O.Ms.No.388 dated 19.06.1996 is read along with the proceedings of the first respondent dated 10.3.2000 and 4.10.2001, it is clear to the effect that after the initial appointment made in the year 1995 irrespective of the place of posting at that point of time they are entitled to seek for transfer once and that on that occasion alone they are entitled to retain their seniority. In fact, in the proceedings dated 10.3.2000, the first respondent has stated the said position in the following words in paragraph 5: **5. vdnt nju;t[ thupaj;jpd; K:yk; 1995y; ,ilepiy Mrpupau;fshf nju;t[ bra;ag;gl;L xd;wpa gs;spfspy; epakdk; bra;ag;gl;ltu;fs; murhiz epiy vz;/388. fy;tpj;Jiw ehs; 19/09/96d; go Kjy;Kiw xU xd;wpaj;jpy; ,Ue;J ntW xd;wpaj;jpw;F khWjypy; bry;Yk;nghJ kl;Lk; nju;t[ thupak; tH';fpa ju vz; goahd Kd;Dupikia jf;f itj;Jf; bfhs;syhk;/** 5. The said set of expression contained in the proceedings dated 10.3.2000 if applied by referring to the statement found in the proceedings dated 4.10.2001 again in paragraph 5 of the said proceedings, it can be stated without any contradiction that as a one time measure, the teachers, selected and appointed in 1995 under the selection made by the Teachers Recruitment Board, are entitled to seek for transfer irrespective of their initial place of posting whether it be to their native district or native panchayat union. When the first respondent had stated the said position in such an uncontraverted manner the impugned proceedings dated 11.6.2007 containing a totally conflicting directions, vis-a-vis the G.O. and the subsequent proceedings dated 4.10.2001 will cause serious detriment to the interest of such of those teachers who seek for any transfer for the first time in their career after their initial appointment of 1995. 6. In the case of the petitioner though the initial appointment of the petitioner was in his native district of Tirunvelveli but in a different Panchayat Union viz., Sankaran Koil Panchayat Union and for the first time he has got a transfer to different union of the very same district viz., Vasudevanallur Union, having regard to the provisions contained in G.O.Ms.No.388 dated 19.06.1996 and also the proceedings of the first respondent dated 10.03.2000 and 4.10.2001, such a transfer will not in any way affect the retention of her original seniority that was assigned to him in the selection of the year 1995 by the Teachers Recruitment Board. When the said position can be thus clarified the impugned proceedings shall not in any way affect the right of the petitioner for retention of such seniority originally assigned to him. https://hcservices.ecourts.gov.in/hcservices/ 7. As the petitioner's right for retention of his seniority is thus declared by applying the above referred two proceedings, the impugned proceedings dated 11.06.2007 cannot be applied to the case of the petitioner. The writ petition is therefore allowed and the Impugned proceedings are hereby set aside in so far as the petitioner is concerned. Connected M.Ps. are closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ggs To 1. The Director of Elementary Education, Chennai-6. 2. The District Elementary Educational Officer, Tirunelveli. 3. The Additional Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District. +1 cc To Mr.K. Shanmugam, Advocate, SR.20338 W.P.No.22325 of 2007 and M.P.Nos.2 and 3 of 2007 nm [co] gkg/13.5 https://hcservices.ecourts.gov.in/hcservices/