The Director of Elementary Education, The District Elementary Educational Officer and The Secretary to Government (School) Education Department vs Amel Antony and The Registrar Tamil Nadu Administrative Tribunal

V.S. Sirpurkar, J.—This writ petition is filed by the Government against the order passed by the Tamil Nadu State Administrative Tribunal

whereby the Tribunal perhaps at the admission stage itself, allowed the original application filed by the Respondent herein. Few facts would be

necessary.

The Respondent herein was appointed as a Middle School Headmaster on 18.10.1986 by way of a promotion. It is an admitted fact that he has

passed his B. Ed, examination. He was then posted as an Additional Assistant Elementary Education Officer. While he was working in that post,

some disciplinary proceedings came to be instituted against him. With the result that he was placed under suspension on 8.8.1997. It seems that

the suspension was later on revoked on 20.12.1997 and the posting orders were issued on 6.1.1998 and he was again posted as Middle-School

Head Master. This order was challenged by the Respondent suggesting that he was reverted without holding any enquiry. Therefore, the question

before the Tribunal was as to whether the posting of the Respondent from the post of Additional Assistant Elementary Education Officer in the

post of Middle-School Head Master amounted to his reversion. In short, the question was as to whether what was the ratio between the two posts

and whether the post of Additional Assistant Elementary Education Officer was a promotional post.

The tribunal, in its order, has held that the amendments dated 26.6.1995 show that while the post of Additional Assistant Elementary Education

Officer is Category I, the post of Middle-School Head Master is Category II. It is on the basis of this finding alone that the Tribunal then

proceeded to hold that the post of Additional Assistant Elementary Education Officer is a promotional post, Clearly enough, there is also an

observation to the following effect in the order.

Besides the method of appointment to the post of Assistant Elementary Education Officer is by transfer from Headmaster of Middle- School.

From this, it is seen that the posts are not equal.

The learned Special Government Pleader, who appeared for the Petitioner, pointed out that the order was contradictory in terms. According to

the learned Government Pleader, if the post of Additional Assistant Elementary Education Officer could be filled in by transfer from the post of

middle-school Head Master,, it was clear that the two posts were absolutely same categorised posts and on the same level and one could not be

treated to be a promotional post of other. The learned Government Pleader also pointed out that merely because the post of Additional Assistant

Elementary Education Officer was shown to be a Category I post and the Middle-School Head Master is shown to be Category II post, it did not

mean that the post of Additional Assistant Elementary Education Officer was a promotional post.

Our attention was drawn towards the amendments and the rules. The rules clearly show that the posts of Additional Assistant Elementary

Education Officer, Head Masters and Head Mistress of Middle-Schools (B. Ed. Grade), Language Pandits (Tamil) and Language Pandits (Other

than Tamil) come under Category I. Again in un-amended Rule 2, it is seen that Category I post of Assistant Elementary Educational Officer is to

be filled in by transfer from Headmaster/Headmistress of Middle-School with B. Ed, qualification. Therefore, obviously the two posts are identical

and on the same level and one post is not inferior or superior to the other. This is besides the point that admittedly the pay scale for both the posts

is identical. Therefore, it is obvious that there was nothing wrong in the Government placing the Respondent to the post of Middle-School Head

Master after his suspension was revoked.

It was argued that this order of posting came by way of a punishment without any disciplinary enquiry. We are informed that the charge-sheet

because of which the Respondent was put under suspension ultimately resulted into a departmental enquiry whereby the Respondent was

separately punished. This suggests that the posting action was innocuous and had nothing to do with either the punishment in that enquiry which

was separately granted. We are, therefore, of the clear opinion that the Tribunal has erred in treating the post of Assistant Elementary Education

Officer to be a promotional post from the post of Head Master of Middle School.

It was tried to be argued by way of a last resort by the Learned Counsel for the Respondent that the Assistant Elementary Education Officer''s

powers are of supervisory nature and he can draw the benefits in terms of the allowances on account of his duties. That may be so. That does not

make the post a promotional post. It was also pointed out that unless the Head Master of Middle School passes a particular departmental

examination, he/she cannot be appointed as Assistant Elementary Education Officer. The said departmental examination is obviously pertaining to

the administration and by that alone it cannot be said that the post of Assistant Elementary Education Officer would be a promotional post.

In the result, the writ petition succeeds. The order of the Tribunal is set aside. No costs.