← Library
Madras High CourtWP(MD)/6238/2022dismissed

Maharaja Pillai A v. The State Of Tamil Nadu

2022-04-19Honourable Mr Justice S.M. Subramaniam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Orders Reserved On 05.04.2022 Orders Pronounced On 19.04.2022 and W.M.P.(MD) Nos.4843 & 4845 of 2022 A.Maharaja Pillai .. Petitioner -vs1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4. R.N.Malarvizhi, BT Assistant (Maths), Government High School, Rosmiyapuram - 627 109, Valliyoor, Tirunelveli District.

.. Respondents Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order issued by the 3rd respondent in Na.Ka.No.040678/C3/E1/2021 dated 14.03.2022 and to quash the same and consequently direct the respondents 1 to 3 to allow the petitioner to continue to work in the post of B.T. Assistant (Maths) in Rosmiyapuram Government High School based on Station Seniority. For Petitioner :

Mr.G.Sankaran For RR1 to 3 :

Mr.G.V.Vairam Santhosh, Additional Government Pleader 1/5

O R D E R

The order impugned dated 14.03.2022 transferring the petitioner on deployment from Rosmiyapuram Government High School, Tirunelveli to Government Higher Secondary School, Maruthamputhur, is under challenge in the present writ petition.

2. The petitioner states that he was initially appointed as B.T. Assistant (Maths) in Elementary Education on 02.09.2009 and was subsequently transferred and posted as B.T. Assistant (Maths) in Panchayat Union Middle School, Rosmiyapuram, Tirunelveli District on 03.09.2010. On upgradation of the School as High School, the petitioner submitted an option for absorption. Accordingly, the petitioner was absorbed in the High School by stating that he will be given seniority from the date of absorption into the High School in the School Education Department. The petitioner states that he was absorbed with effect from 18.07.2017 which was entered in his service records. Therefore, he is senior to the 4th respondent, Mrs.R.N.Malarvizhi. When the petitioner is a senior in the cadre of B.T. Assistant (Maths), treating his as surplus Teacher and transferring him to another school is not in accordance with the Government Order.

3. The petitioner further states that similarly placed person earlier filed W.P.(MD) No.14284 of 2018 challenging the deployment order dated 19.06.2018 by which, the petitioner therein was transferred to Parappadi Government Higher Secondary School from Rosmiyapuram Government High School. This Court passed final orders directing the petitioner therein to give a representation to the 3rd respondent, who in turn was directed to consider the same within a period of three months. Similarly, the petitioner herein was transferred to Maruthamputhur Government Higher Secondary School on deputation. Therefore, the petitioner submitted a representation dated 12.03.2022 stating that he is not surplus Teacher in the school whereas, the 3rd respondent issued the impugned order dated 14.03.2022.

4. The learned counsel for the petitioner mainly contended that the date of absorption of the petitioner as B.T. Assistant (Maths), that is, 18.07.2017 is to be taken into consideration for the purpose of considering the seniority of the petitioner. If the said date is taken into account, then the petitioner is senior to the 4th respondent and accordingly, the decision of the authorities treating the writ petitioner as surplus teacher is untenable.

5. The learned Additional Government Pleader objected the contentions of the petitioner by stating that the petitioner is not senior to the 4th respondent. The writ petitioner was absorbed in the High School by order dated 04.08.2017 to the effect that the teacher absorbed will be the junior most in the transferred unit. 2/5

The petitioner was working in the erstwhile Panchayat Union Middle School, Rosmiyapuram and on his written acceptance that he will be the junior most in the upgraded high school as on the date of his absorption into the upgraded school, he was absorbed in the High School. In view of the orders, the petitioner will be considered as junior most as on the date of the orders of the Chief Educational Officer, i.e., on 04.08.2017 as per his written agreement, whereas the 4th respondent was working in the School Education Department and has joined in the school on 01.08.2017. Hence, the petitioner is junior to the 4th respondent as on the date of station seniority. Therefore, the petitioner was deployed to Government Higher Secondary School, Maruthamputhur as per proceedings dated 14.03.2022 in view of the fact that the Government Higher Secondary School, Maruthamputhur is in urgent need of one B.T. Assistant (Maths) Teacher as per the subject requirement of the school. Therefore, the writ petition is to be rejected.

6. This Court is of the considered opinion that the main ground raised by the petitioner is that he was absorbed in the school on 18.07.2017. However, the 3rd respondent issued an order of absorption only in proceedings dated 04.08.2017. The proceedings dated 04.08.2017 reveal that the teachers were absorbed in the upgraded schools based on their written consent. It was further made clear that the date of absorption will be taken into consideration and they will be placed as junior most in the said unit. However, the proceedings of the Head Master states that based on the Government Order, upgrading the school i.e., 18.07.2017 onwards, the teachers were absorbed. Therefore, it is to be noted that the Head Master has fixed the date of absorption based on the Government Order passed upgrading the school.

However, the 3rd respondent has passed an order only on 04.08.2017. With reference to the fixation of seniority, the same is not an issue in the present writ petition. However, prima facie it is found that the competent authority, Chief Educational Officer passed an order of absorption on 04.08.2017.

The Government Order issued in G.O.Ms.No.174, School Education Department dated 18.07.2017 is relating to the upgradation of the school and not relating to the absorption of teachers. Therefore, the date of absorption of the teachers would be relevant for the purpose of fixation of seniority. The Head Master has erroneously given absorption with effect from the date of Government Order issued in G.O.Ms.No.174, the date from which the school was upgraded. However, the actual date of absorption came into effect only on issuance of orders by the competent authority.

7. In the present case, the Chief Educational Officer absorbed the employees vide proceedings dated 04.08.2017 and the said date would be the relevant date for the purpose of considering the date of absorption.

If at all the authorities have absorbed retrospectively with effect from the date of the Government Order, 3/5

then the position would be different. But in the present case, it is not established that the absorption was made by the authorities retrospectively with effect from the date of the Government Order issued in G.O.Ms.No.174, dated 18.07.2017. Thus, the claim of the petitioner cannot be accepted. Beyond all these aspects, the petitioner is deployed to work in another school on need basis.

8. Mere deployment would not confer any right. Transfer, posting and deployments are made based on certain guidelines. Even in case, a senior teacher is deployed to another school on need basis or on the ground of administrative exigencies, such teacher cannot claim any right, as such deployment would not infringe the service rights of the employee. If the service conditions are not violated, the petitioner has no locus to institute the writ petition. When there is no alteration of service conditions due to the deployment to another school, this Court is of an opinion that mere deployment cannot be construed as cause for the purpose of filing writ petition and the teachers are bound to work wherever they are posted in the interest of students and in the interest of the administration of education system in the State of Tamil Nadu.

Therefore, such writ petitions filed questioning the deployment cannot be ordinarily interfered with by the Courts. The power of judicial review under Article 226 of the Constitution of India need not be exercised in such circumstances, where the employees are unable to establish infringement of right or violation of service conditions by the competent authorities of the Department. Mere redeployment, transfer and posting would not confer any right, as they are incidental to service and condition of service. No writ needs to be entertained and High Court cannot conduct a roving enquiry in respect of such deployment and transfer and posting. A writ against such orders may be entertained only if such orders are tainted with mala fides or issued by an incompetent authority but not otherwise.

These being the principles to be followed and precedent laid down by the constitutional courts across the country, this Court is of the opinion that the petitioner is liable to work in the deployment place in view of the administrative exigency, as B.T. Assistant (Maths) is required in a particular school and the relief as such sought for in the present writ petition cannot be granted.

9. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) 4/5

abr To

1. The Principal Secretary to Government, The State of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

+1 CC to M/s.F. DEEPAK, Advocate ( SR-19554[F] dated 20/04/2022 ) +1 CC to M/s.SPL.GP ( SR-19924[F] dated 20/04/2022 ) 19.04.2022 VR(CO) KB(27.04.2022) 5P 6C 5/5