T. Maheswari vs R. Shanthi and Others

Dr. S. Tamilvanan, J.—Challenging the order dated 02.08.2012, made in W.P.(MD) No. 13830 of 2011, passed by the learned Single Judge, the present Writ Appeal has been preferred by the appellant, who is the third respondent in the writ petition.

The first respondent herein filed W.P.(MD) No. 13830 of 2011, challenging the two orders of the District Elementary Educational Officer, Virudhunagar, the second respondent herein, in Na.Ka. No. 3314/A4/2011, dated 17.11.2011 and Na.Ka. No. 3314/A4/2011, dated 17.11.2011. In the first order, the first respondent herein, who was working as B.T. Assistant (Tamil), Municipal (Muslim) Middle School, Virudhunagar, was downgraded and transferred as Secondary Grade Teacher, A.S.P.C.C. Elementary School, Virudhunagar, stating it on administrative grounds. As per the second order, the appellant herein, who was working as B.T. Assistant (Tamil) in A.S.P.C.C. Municipal High School, Virudhunagar, was transferred and posted as B.T. Assistant (Tamil), Municipal (Muslim) Middle School, Virudhunagar.

It is not in dispute that the first respondent herein was initially appointed as a Secondary Grade Teacher in the Municipal Middle School, Bodinayakkanoor, Theni District, on 10.12.1990 and then she was transferred to Rao Bahadur M.S.P.S. Municipal Middle School, Virudhunagar, on 09.07.1993. Thereafter, she was promoted as B.T. Assistant in Tamil and posted in the Municipal Muslim Middle School, Virudhunagar District, with effect from 19.12.2007. The appellant herein joined the service as a Secondary Grade Teacher on 12.06.1991 at Virudhunagar Municipality and she was promoted as B.T. Assistant (Tamil) on the same day, 19.12.2007 as that of the first respondent.

It is not in dispute that the first respondent was transferred to Rao Bahadur M.S.P.S. Municipal Middle School, Virudhunagar, at her request on 09.07.1993, at the time of general transfer and hence she was placed junior most in the cadre, as she was transferred from another District. It is also not in dispute that A.S.P.C.C. Municipal Middle School, Virudhunagar, was upgraded as Municipal High School from the Academic Year 2011-2012, as approved by the State Government. In the counter relating to the writ petition filed by the District Elementary Educational Officer, Virudhunagar, the 2nd respondent herein has given the details of seniority of teachers working in the Middle School (upgraded as High School) as follows:

"1) M. Kohilavani : Headmistress

2) T. Maheswari : B.T. Assistant in Tamil

3) P. Krubarani : B.T. Assistant in History

4) P. Rajammal : Tamil Pandit"

The first two senior teachers in the above list did not want to serve in the upgraded High School and the remaining two teachers were willing to serve in the upgraded School. Hence, the first two teachers have been absorbed into other Municipal Middle Schools in the Municipal Unit, as a result, the juniormost B.T. Assistants, including the first respondent herein, were transferred to other places or otherwise reverted to the cadre of secondary grade teacher, as per the alleged norms, as stated by the second respondent herein. It is also not in dispute that the appellant herein was accommodated as B.T. Assistant (Tamil) in S.M.G. Municipal Middle School, Virudhunagar, in the place of one P. Uvaneswari, as per the proceedings, dated 12.09.2011, as she was transferred to Panchayat Union Middle School, T. Veppankulam, Kariapatti Union, Virudhunagar District, by proceedings dated 19.09.2011.

The first respondent, as writ petitioner, challenged the order passed by the District Elementary Educational Officer (DEEO), the second respondent herein, by his proceedings in Na.Ka. No. 3314/A4/2011, dated 17.11.2011 and Na.Ka. No. 3314/A4/2011, dated 17.11.2011, and also got interim order in her favour, to maintain status-quo, in M.P.(MD) No. 2 of 2011 in the writ petition. As per the impugned order passed by the learned Single Judge, without affecting the right of B.T. Assistant (Tamil) Teachers, the matter was amicably solved. The operative portion of the order passed by the learned Single Judge reads as follows:

"22. In these circumstances, the only way to amicably solve the issue without affecting any party is to direct the educational authorities to post the third respondent as B.T. Assistant (Tamil) forthwith at Municipal Middle School at Ramamoorthy road, Virudhunagar. In fact, on 25.07.2012, this Court passed an order that the Secondary Grade vacancy in the Middle School at Ramamoorthy Road should not be filled up pending disposal of this writ petition. Further, the educational authorities are responsible for the aforesaid chaotic situation and therefore, the educational authorities are directed to consider sympathetically with regard to the regularisation of the service of the leave period of the third respondent, who has been swinging from pillar to post and she has not been allotted any place in the above said circumstance. Further, a direction is issued to the respondents 1, 2 and 4 to post the third respondent as B.T. Assistant (Tamil) forthwith in the Municipal Middle School, at Ramamoorthy Road, Virudhunagar in view of the Government orders referred to above."

It is not in dispute that the appellant, who was also originally promoted as that of the first respondent, became senior as the first respondent/writ petition was transferred from another district, as per the seniority fixed. Hence, the first respondent became junior to the appellant and due to want of vacancy, the order was passed to revert the first respondent to the post of Secondary Grade Teacher from B.T. Assistant (Tamil). However, on account of interim order passed by this Court in the writ petition and the subsequent order passed on 02.08.2012 in the writ petition, she was not reverted back.

Mr. M. Ajml Khan, learned senior counsel appearing for the appellant argued that the appellant is senior to the first respondent, after her transfer from another district and as per Rules, when there is want of vacancy the juniormost B.T. Assistant would be reverted back to the cadre of Secondary Grade Teacher and therefore the orders impugned in the writ petition were passed by the second respondent herein. In view of the interim order of status-quo and the final order passed in the writ petition, the appellant could not join as B.T. Assistant (Tamil) in the Municipal Muslim Middle School, Virudhunagar and therefore she is claiming her legitimate right in the appeal and the counsel argued for allowing the writ appeal.

Per contra, Mr. Isaac Mohanlal, learned counsel appearing for the first respondent submitted that the first respondent/writ petitioner got her appointment as Secondary Grade Teacher in the Municipal Middle School, Bodinayakkanoor in Theni District, on 10.12.1990; whereas the appellant was appointed as Secondary Grade Teacher at Virudhunagar Municipal School on 12.06.1991 and both of them got promotion on the same date, i.e. 19.12.2007, only due to family circumstances, the first respondent requested district transfer and hence she was posted as junior to the appellant though she joined the service as Secondary Grade Teacher earlier to the appellant. She was working as B.T. Assistant (Tamil), and no fault on her part on the ground of want of vacancy, she was ordered to be reverted to the cadre of Secondary Grade Teacher nearly 4 years after her promotion as B.T. Assistant. On the aforesaid circumstances, according to the learned counsel appearing for the first respondent, the impugned order passed by the learned Single Judge would not affect both the appellant as well as the first respondent and if it is reversed, it would not be so beneficial to the appellant, however, that would affect the first respondent to get reversion and as found by the learned Single Judge, the reversion order passed against the first respondent/writ petitioner is only because of chaotic situation created by the procedure being adopted by the respondents 2 to 4 herein.

As the first respondent got transfer from Theni District to Virudhunagar District due to her family circumstances, she was placed junior to the appellant. It is not in dispute that the first respondent entered into service even prior to the appellant as Secondary Grade Teacher and due to her family necessity, the first respondent voluntarily sought transfer from Theni District to Virudhunagar District, she was transferred and placed as juniormost in the cadre of secondary grade teacher and thereafter got promotion as B.T. Assistant (Tamil) on 19.12.2007. If she is reverted to the cadre of Secondary Grade Teacher, that would be an injustice to the first respondent, who was already promoted and served for 4 years as B.T. Assistant (Tamil), and on account of want of vacancy. The reversion was caused due to upgradation of middle school into High School, not on the fault of the first respondent.

On the aforesaid circumstances, to meet the ends of justice, the learned Single Judge has passed appropriate orders. Here, for this type of cases, the Court has to consider relative hardship faced by the parties and also apply the principle of equity. There is no legal grievance for the appellant, except the choice of the school. On the other hand, if the first respondent, who was promoted as B.T. Assistant (Tamil), served for more than four years, is reverted on the ground of upgrading of the Middle School to the High School, the relative hardship would be more to the first respondent. Hence, we are of the view that the impugned order has protected the legitimate right of the first respondent from demotion to the cadre of Secondary Grade Teacher from the cadre of B.T. Assistant. Having gone through the grounds raised in the appeal, the impugned order passed by the learned Single Judge and the arguments advanced by both sides, we are of the view that there is no infirmity or illegality in the impugned order so as to warrant any interference. Accordingly, confirming the order passed by the learned Single Judge, the writ appeal is dismissed. No order as to costs. Connected miscellaneous petition is closed.