M.Ramesh v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 13.09.2017 Pronounced on 05.02.2018
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.21000 of 2012 M.Ramesh .. Petitioner Vs.
1.The Government of Tamil Nadu, rep. by its Secretary, Education Department, Fort St. George, Madras - 600 009.
2.The Director of School Education, College Road, Madras - 600 006.
3.The Joint Director, School Education Higher Secondary, D.P.I. Compound, College Road, Chennai - 600 006.
4.The Chief Educational Officer, Gandhi Nagar, Thiruvannamalai 600 001.
5.The District Educational Officer, Gandhi Nagar 6th Street, Thiruvannamalai.
6.V.D.S.Jain Higher Secondary School, Gandhi Nagar 8th Street, Tiruvannamalai, Rep. by Secretary/Correspondent.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the Respondents 1 to 3 to upgrade the post of Physical Education Teacher held by the Petitioner in the sixth Respondent School to the post of Physical Director Grade-I from the year 1996, the day when the petitioner qualified himself with post graduation of degree in Physical Education or from 29.12.1997 the date of G.O.Ms.No.525 as this Hon'ble Court deems fit and correct with seniority and all attendant benefits.
For Petitioner : Mr.C.Johnson For Respondents: Mr.R.Govindasamy (for R1 to R5) Special Government Pleader Mr.K.Vivekanandan (for R6)
O R D E R
The petitioner has filed this petition to issue a Writ of Mandamus directing the Respondents 1 to 3 to upgrade the post of Physical Education Teacher held by the Petitioner in the sixth Respondent School to the post of Physical Director Grade-I from the year 1996, the day when the petitioner qualified himself with post graduation of degree in Physical Education or from 29.12.1997 the date of G.O.Ms.No.525 as this Hon'ble Court deems fit and correct with seniority and all attendant benefits. 2.That the instant Writ Petition is filed by the petitioner seeking for a direction, by directing the respondents 1 to 3 to upgrade the post of Physical Education Teacher held by the petitioner to the post of Physical Director Grade-I from the year 1996.
3.It is the contention of the petitioner that he was appointed as Physical Education Teacher on 01.12.1993 in the 6th respondent school, in the permanent vacancy arose due to the retirement of Mr.A.P.Jeyapaul. The petitioner was fully qualified to hold the said post as he is a B.PEd., degree holder. Thereafter, the petitioner has acquired on M.P.Ed. in the year 1996. The 6th respondent school is an aided minority (Jain) recognized school which is governed by the provisions of Tamil Nadu Private School Regulation Act and Rules. The 6th respondent school was started as High School in the year 1981-82 and it was upgraded as Higher Secondary School in the year 198687. The students strength of Higher Secondary Section is about 1,300 and therefore the school is eligible for a Physical Director post as per G.O.Ms.No.
720 Education Department dated 28.04.1981 and G.O(4D) dated 21.01.2000. The total students' strength of the school from classes 6-12 is more than 3,000. Based on the students' strength, the 6th respondent school has requested the 2nd respondent to upgrade the post of Physical Education Teacher held by the petitioner to the post of Physical Director Grade-1.
4.The further case of the petitioner is that as on 2011-2012 the total students' strength was 4,084 including the students strength of XI and XII was 1,300. Earlier the petitioner filed Writ Petition before this Hon'ble Court in W.P.No.10946 of 1999 to direct the respondents 1 to 3 to sanction one post of Physical Director. This Hon'ble Court by order dated 09.08.2000 directed the respondents 1 to 4 to consider the representation of the school dated 11.05.1998 in the light of the existing Government Orders. But the respondents have not considered the representation. Hence again the petitioner filed W.P.No.2967 of 2001 for upgradation and the same was dismissed by this Hon'ble Court on 25.01.2003 saying that there is no sanctioned post of Physical Director. Against which the petitioner filed appeal in W.A.No.
469 of 2005 and the same was disposed by holding that upgradation will be considered when there is a sanctioned post. 5.According to the petitioner, he was fully qualified to the post Physical Director Grade-1. As per G.O.Ms.No.525 dated 29.12.1997 the 6th respondent school is eligible to have three post of Physical Education Teacher up to High School level and one post of Physical Director Grade-I for Higher Secondary level. As per G.O.Ms.No.73 dated 19.03.2010 the 2nd respondent is empowered to upgrade the post of Physical Education Teacher as Physical Director Grade-I without reference to the 1st respondent. The petitioner acquired M.PEd degree in the year 1996 from Annamalai University and he is fully qualified for upgradation as Physical Director Grade-I in the 6th respondent school.
6.In fact the 4th respondent vide his proceedings dated 18.05.2010 recommended to the 3rd respondent with a request to upgrade the post of Physical Education Teacher as that of Physical Director Grade-I in the 6th respondent school. Despite the recommendation of the 4th respondent no order is forthcoming from the 2nd respondent by upgrading the post of Physical Director Grade-1. Therefore the 6th respondent school sent a detailed letter to the 2nd respondent on 25.02.2012 by enclosing a particulars relating to the students strength from 2002 to 2012 with a request to upgrade the post of Physical Education Teacher to the post of Physical Director Grade-I. Even after the receipt of the representation of the petitioner's school there is no positive reply from the respondents 1 to 5. Hence the petitioner has approached this Hon'ble Court by way of this Writ Petition with a prayer stated supra.
7.The respondents 1 to 5 have filed a common counter affidavit wherein it is contended that the petitioner relied on G.O.Ms.No.73 School Education (D1) Department dated 19.03.2010, which was issued particularly to Tmt. R.Vasugi, Physical Education Teacher, Lady Sivasamy Higher Secondary School, Chennai-4, upgrading one among the three Physical Education Teacher posts sanctioned to the said school. There is a clear mention in the Government order that, the Director of School Education was exercised with the power that, if there is three Physical Education Teacher posts sanctioned to a Government Aided Higher Secondary School, one post may be upgraded as Physical Director post with reference to the Government Order 525 School Education dated 29.12.1997.
8.It is further averred by the respondents that as the school have only one Physical Education Teacher post, if it is upgraded as Physical Director post for the convenience to handle Higher Secondary students of nearly 400, the very purpose of sanctioning the post for the standards from 6 to 10 will be defeated. The students' strength in classes 6 to 10 is more than 3000. To overcome the issue of whenever only one Physical Education Teacher post exists in a Higher Secondary School and the teacher working in the post is handling Higher Secondary class, he/she will be paid a special pay of Rs.80/- per month with reference to the G.O.Ms.No.2492 Department of Education Science and Technology dated 09.11.1982. The Government made the above arrangement only to the single Physical Education Teacher Higher Secondary Schools.
9.The claim of the petitioner for upgradation as Physical Director Grade-1 cannot be considered when there is no sanctioned post of Physical Director. Hence, the writ petition is liable to be dismissed.
10.I heard Mr.C.Johnson, learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader for the respondents 1 to 5 and Mr.K.Vivekanandan, learned counsel for the 6th respondent and perused the entire records. 11.This Court has given its anxious consideration to the arguments advanced on either side. It is an admitted fact the petitioner was appointed as Physical Education Teacher in the 6th respondent school and there is no quarrel over his qualification as M.PEd. The eligibility criterion to become Physical Director Post is Master Decree and the petitioner has possessed the same in the year 1996. Further, the Government has issued G.O.Ms.No:525 School Education Department dated 29.12.1997
wherein it is specifically mentioned that the Higher Secondary Schools having students' strength over 400, is eligible for one post of Physical Director by upgrading the existing post of Physical Education Teacher. The relevant portions of G.O.Ms.No:525 dated 29.12.1997 is extracted hereunder: " III. HIGH SCHOOLS (Standards IX to X) a) ......
b) ......
c) When the strength in classes VI to X in High Schools exceeds 250, one post of Physical Education Teacher will be sanctioned and for every additional strength of 300, one additional post of Physical Education Teacher will be sanctioned subject to a maximum of 3.
IV. HIGHER SECONDARY SCHOOLS (11th and 12th Standards) a) ......
b) ......
c) ......
d) ......
e) ......
f) For Schools with a strength of over 400 one post of Physical Director will be given upgradation of existing posts of Physical Education Teacher."
12.The petitioner's school is having the students' strength at the level of Higher Secondary alone more than 1000 which is also not disputed by the official respondents. Therefore as per the ratio laid down in the above said Government order the petitioner is entitled for upgradation to the post of Physcial Director Grade-I.
13.That apart, this Court is able to see from the counter affidavit filed by the respondents 1 to 5, wherein in para 5 they admitted that if there is three Physical Education Teacher posts sanctioned to an aided Higher Secondary School one may be upgraded to Physical Director post and the said power has to be exercised only by the Director of School Education as per G.O.Ms.No.525 dated 29.12.1997. Therefore from the above averment it is made clear that the one post of Physical Director should be sanctioned by the 2nd respondent herein namely Director of School Education.
14.Further, it is to be pointed out from the documents
annexed in the typed set of papers of the petitioner wherein by the proceedings of the 4th respondent in Na.Ka.No.5985 A1/10 dated 18.05.2010 addressed to the 3rd respondent, recommendation was made by the 4th respondent to upgrade the post of Physical Education Teacher held by the petitioner to the post of Physical Director Grade-I. After the recommendation, it seems from the records that no order is passed by the 2nd respondent or 3rd respondent. Further, there is no whisper at all in the counter affidavit filed by the official respondents relating to the recommendation made by the 4th respondent and what is the order passed on the recommendation by the 2nd respondent. The official respondents have not denied the recommendation made by the 4th respondent regarding upgradation of the post of Physical Director Grade-1.
The respondents 2 and 3 are bound to pass orders on the recommendation of the 4th respondent. Without passing any orders on the recommendation of the 4th respondent, keeping the same with them for years together is not proper. Because of the inaction on the part of the respondents 2 and 3 herein, the petitioner was forced to approach this Hon'ble Court. In the considered opinion of this Court, the petitioner is entitled to get upgradation of his post of Physical Education Teacher to the post of Physical Director Grade-I. 15.A perusal of G.O.Ms.No.73 School Education dated 19.03.
2010 would show that based on the students' strength if there is three Physical Education Teachers in the Government Aided Schools, one post can be upgraded as Physical Director Grade-1 and for that decision could be taken at the level of Director of School Education, the 2nd respondent herein. The petitioner is entitled to get the benefit conferred under the above Government order, even though it relates to one Smt.R.Vasuki, since the petitioner is also a similarly placed person as that of the said R.Vasuki.
16.In view of the facts and circumstances involved in this case and also the discussion made above, this Court has no hesitation to allow the writ petition.
17.In the result, the writ petition is allowed in part with the following direction:
a) the respondents 1 to 3 are directed to pass orders on the recommendation of the 4th respondent dated 18.05.2010 by upgrading the post of Physical Education Teacher held by the petitioner in the 6th respondent school to the post of Physical Director
Grade-I with effect from 29.12.1997 being the date of G.O.Ms.No.525. While passing the orders the respondents 1 to 3 shall bear in mind about the above observation made by this Court;
b) the said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. There is no orders as to cost. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vs To 1.The Secretary to Government, Education Department, Fort St. George, Madras - 600 009.
2.The Director of School Education, College Road, Madras - 600 006.
3.The Joint Director, School Education Higher Secondary, D.P.I. Compound, College Road, Chennai - 600 006.
4.The Chief Educational Officer, Gandhi Nagar, Thiruvannamalai 600 001.
5.The District Educational Officer, Gandhi Nagar 6th Street, Thiruvannamalai.
+1 cc to Mr.C.Johnson Advocate sr 8537 W.P.No.21000 of 2012 aa13/03/2018