IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.09.2011 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.18011 of 2011 & M.P.Nos.1 and 2 of 2011 1 O.S.MURUGESAN [ PETITIONER ] Vs 1 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DHARMAPURI DISTRICT DHARMAPURI. 2 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NALLAMPALLI UNION DHARMAPURI DISTRICT. 3 M.MANOGARAN [ RESPONDENTS ] Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records in impugned order passed by the 1st respondent in Na.Ka.No. 2470/A1/2011 dated 20.7.2011 passed by the 1st respondent and consequently order passed in Na.Ka.No.1120/A1/2010 dated 21.7.2011 by the second respondent and quash the same as illegal and consequently direct the 1st respondent to give B.T. Assistant post to Petitioner in same middle school or any other middle school in Nallampalli Union, Dharmapuri District. For Petitioner :: Mr.K.Gandhi Kumar For Respondents 1 & 2 :: Mr.I.Arockiasamy, GA (Edn.) O R D E R The petitioner has come forward to file the present Writ Petition seeking to challenge an order dated 20.7.2011 passed by the 1st respondent and the consequential order dated 21.7.2011 passed by the 2nd respondent and after setting aside the same seeks for a https://hcservices.ecourts.gov.in/hcservices/ direction to the 1st respondent to give the post of B.T.Assistant in the same Middle School or any other Middle School in Nallamapdi Union at Dharmapuri District. By the impugned order, the petitioner, who was working as a Graduate Assistant in the Panchayat Union Middle School at Sivadi, Nallampalli Union was reduced to the rank of Secondary Grade Assistant and posted at Panchayat union Primary School at Pagalaalli in the same Union. It was stated that the said reduction was caused due to the fact that the school in which the petitioner was working was upgraded as High School and there was no post, in which the petitioner either as Middle School Headmaster or Inducted Graduate Teachers could be absorbed in the said School. In view of the fact that there were no vacancies, the junior most person was reduced to the rank of Secondary Grade Assistant. Consequent upon the said order, the petitioner was given appropriate posting order. 2. When the matter came up on 2.8.2011, this Court directed the learned Government Advocate to take notice and get instructions from the respondents. Accordingly, the District Elementary Educational Officer, Dharmapuri gave a written instruction dated 3.8.2011 to the counsel, which was produced before the Court. Subsequently, this Court directed the 1st respondent to file counter affidavit. Accordingly, a counter affidavit dated 8.8.2011 was filed by him. 3. The stand taken by the 2nd respondent was that the petitioner, who is a Graduate Assistant, was appointed as Secondary Grade Teacher on 18.8.1997 in Nallampalli Panchayat union. He was promoted as History B.T.Assistant with effect from 18.12.2007. When seniority list for promotion to the post of Primary Headmasters, B.T.Assistants and Middle School Headmasters are prepared by the Assistant Elementary Educational Officer of each Panchayat Union, the same will be approved by the District Elementary Educational Officer, who is the Controlling Officer at District level in respect of Elementary Education. During the panel prepared for the year 2007, the petitioner's name finds place in both the seniority list. The petitioner, instead of opting to become a Primary School Headmaster, opted to get promotion to the post of History B.T.Assistant and posted at Sivadi Panchayat Union Middle School. 4. There were 53 Panchayat Union Middle Schools in Nallampalli Panchayat Union prior to the academic year 2011-2012, out of which 5 Panchayat Union Middle Schools were upgraded as Government High Schools. While upgradation of Panchayat Union Middle School as Government High School, all the posts in standards 6-8 existing in that Middle School are absorbed into Government High School along with the Teachers working in that posts including the vacant posts. It was only if a Teacher who is likely to be absorbed expressed his willingness not to serve in the High School, only the post will be taken to the High School and unwilling Teacher will be transferred to https://hcservices.ecourts.gov.in/hcservices/ other Panchayat Union Middle School in the same Panchayat Union in an existing vacancy. If there are no vacancies in the Panchayat Union for absorbing the said unwilling Teacher, then the junior most will be reverted to lower rank in order to provide a place for the unwilling senior most Teachers. This is the normal practice adopted by the Department while upgradation of a Primary School to High School. 5. Therefore, when the Middle School at Barigam was upgraded, the 3rd respondent, who was working in the Middle School expressed his unwillingness to be absorbed in the High School and he wanted to work in any one of the Middle School at Nallampally Panchayat Union. Hence, he was transferred to the Panchayat Union Middle School at Sivadi on administrative reasons in the place of the petitioner and therefore due to unavoidable reasons, the petitioner being the junior most was reverted as Secondary Grade Teacher and transferred to Bahalahalli Panchayat Union Middle School. It is stated that the 3rd respondent was senior to the petitioner and hence the 3rd respondent could not be reverted as Primary School Headmaster or Secondary Grade Teacher. It is also stated that the 3rd respondent had reached the age of superannuation on 31.7.2011 and working on re-employment condition from 1.8.2011 to 31.5.2012. The petitioner, who had gone on medical leave did not join duty. It is further submitted that the reverted petitioner will be considered for re-promotion as and when vacancy arises in the Nallampally Panchayat Union in the near future. In support of the said contention, the proceedings issued by the Director of Elementary School Education dated 15.11.2001 was produced. 6. Though in the present case the rationale behind the official respondents in reverting the petitioner is unsustainable, the further fact that the 3rd respondent, who had completed his term and had reached the age of superannuation on 31.7.2011 had been granted re- employment is ununderstandable. It was only to accommodate him without facing reversion, he was transferred to some other School, which resulted in the petitioner being reverted to a lower post. 7. In such circumstances, considering the fact that the 3rd respondent refused to being inducted into the High School, he cannot have the post of both Primary School Headmaster or Secondary Grade Teacher and therefore he should have been denied the re-employment, after his normal age of retirement on 31.7.2011. Otherwise persons like the petitioner will have to work in a lower post without any fault on him. 8. It is under the said circumstances, when a vacancy arose on 31.7.2011, the petitioner who was regularly promoted to the post of B.T.Assistant should be posted in the post held by the 3rd respondent and the 3rd respondent shall be relieved from duties as a deterrent so that such employees will not refuse to accept the responsibility https://hcservices.ecourts.gov.in/hcservices/ of working in a High School and continue to linger in Middle Schools only with a view to avoid future transfers from a Panchayat Union. Such action can alone will help the Teachers from refusing to accept the higher responsibilities when it knocked at their doors. The norms rulings adopted by the official respondents had not only created unnecessary administrative exigencies but also created problems for persons like the petitioner, who was forced to get reverted to a lower post despite he was promoted at an earlier stage. 9. The Writ Petition is disposed of accordingly and the respondents 1 and 2 are hereby directed to give effect to this order within a period of two weeks from the date of receipt of this order. No costs. The connected Miscellaneous Petitions are closed. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar. ajr To 1 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DHARMAPURI DISTRICT DHARMAPURI. 2 THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER NALLAMPALLI UNION DHARMAPURI DISTRICT. 1 cc to The Govt. Pleader, SR 55826 1 cc To Mr.K.Gandhikumar, Advocate Sr 56289 W.P.No.18011 of 2011 sgl[co] gp/14.9. https://hcservices.ecourts.gov.in/hcservices/