Allowed

G.Thamarai Selvi, v. District Elementary

Madras HC4 Jul 2022WP/4747/2018

Case brief

AI extract

What is this about?

The High Court set aside an order rejecting a petitioner's claim to retain 1995 seniority. It held that a one-time transfer to a home district does not forfeit original seniority under the relevant Government Order and remanded the matter for reconsideration.

What did the court decide?

Impugned order set aside; matter remitted for reconsideration fixing seniority based on 1995 selection; revised order within eight weeks.

G.Thamarai Selvi, Vs District Elementary — Pension and Retirement Benefits | Madras HC (2022)

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W.P.No.4747 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.07.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.4747 of 2018 and W.M.P.No.5862 of 2018

G.Thamarai Selvi

…. Petitioner

-Vs-

1.District Elementary Educational Officer District Elementary Educational Office Vellore Fort, Vellore-4.

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2.The Assistant Elementary Educational Officer Wallajah West Range, Wallajahpet Vellore District.

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3.The Director of Elementary Education College Road, DPI Campus Chennai – 600 006.

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…. Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records and quash the order bearing Ref.No.Na.Ka.1275/A5/2017 dated 23.05.2017 passed by the 1^st respondent, District Elementary Educational Officer, Vellore-4 and consequently directing the respondents herein to revise the seniority list for the post of Elementary School Headmistress in respect of the petitioner and place te petitioner in accordance with her grade number allotted by the Recruitment Board in the year, 1995.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4747 of 2018

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For Petitioner : Mr.R.Subramanian for Mr.A.Venkatesh Kumar For Respondents : Mr.J.C.Durairaj Additional Government Pleader

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O R D E R

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The prayer sought for herein is for a Writ of Certiorarified Mandamus calling for the records and quash the order bearing Ref.No.Na.Ka.1275/A5/2017 dated 23.05.2017 passed by the 1^st respondent, District Elementary Educational Officer, Vellore-4 and consequently directing the respondents herein to revise the seniority list for the post of Elementary School Headmistress in respect of the petitioner and place the petitioner in accordance with her grade number allotted by the Recruitment Board in the year, 1995.

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The petitioner was appointed as a Secondary Grade Assistant as per the selection made by the Teachers Recruitment Board in the year 1995 and she was appointed so on 07.08.1995 at Panchayat Elementary School, Polur, Tiruvannamalai District. Thereafter, she got married and it became necessitated for her to seek for transfer to her own district ie., Vellore District, where the petitioner was transferred at her willingness to Wallajah West Union at Vellore District being her home district on 03.08.1991 and in that Union she has been working continuously.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4747 of 2018

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In this context, insofar as fixing the seniority is concerned, according to the petitioner, seniority must be fixed for the petitioner based on the seniority fixed as per the merit list released by the Teachers Recruitment Board at the time of selection and appointment in the year 1995. In this regard, the petitioner, relying upon G.O.Ms.No.388 dated 19.06.1996 as well as the proceedings issued by the Department of Elementary Education dated 11.06.2007 sought for fixing such seniority at her Union ie., Wallajah West Union where she has been transferred and working. However, the said request having been rejected by the first respondent through the order dated 23.05.2017, which is impugned herein.

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In the said order, among other things, the first respondent has stated the following.

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“ghh;it 3y; fhqk; bray;Kiwfspy; fPH;f;fz;Ls;sthW bjspt[iuf; tH';fg;gl;Ls;sJ/

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3/ 1995?k; Mz;L Mrphpah; njh;t[ thhpak; K:yk; j';fspd; brhe;j khtl;lj;jpy; (Native District) VnjDk; Xh; Xd;wpaj;jpy; epakdk; bgw;wth;fs; j';fspd; ju vz;

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thpirapd;go Kd;Dhpik eph;zak; bra;ag;gl;oUg;ghh;fs;/ ,t;thW brhe;j khtl;lj;jpw;Fs;nsna epakdk; bgw;wth;fs; gpd;dh; khWjypy; brhe;j khtl;lj;jpw;Fs;nsna brhe;j

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W.P.No.4747 of 2018

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xd;wpaj;jpw;nfh-btt;ntW xd;wpa';fSf;nfh khWjy; bgw;why; ,th;fSf;F Mrphpah; njh;t[ thhpak; tH';fpa ju vz;zpid jf;f itj;Jf; bfhs;s ,ayhJ/ khwhf brhe;j khtl;lj;jpw;Fs; khWjy; bgw;Wr;bry;Yk; xd;wpa';fspy; gzpapy; nrh;e;j njjpapd;go rhjhuz xd;wpa khWjypy; filgpof;Fk; Junior Most among Probationers/Approved Probationers vd;w tpjpg;gojhd; Kd;Dhpik eph;zak; bra;a ntz;Lk;/ 4/ 1995?k; Mz;L Mrphpah; njh;t[ thhpak; K:yk; j';fspd; brhe;j khtl;lk; (Native District) my;yhky; ntW khtl;lj;jpd; (Other District) VnjDk; Xh; xd;wpaj;jpy; epakdk; bgw;wth;fs; gpd;dh; khWjypy; j';fspd; brhe;j khtl;lj;jpw;Fk; VnjDk; Xh; Xd;wpaj;jpw;F khWjy; bgw;why;. ,th;fs; nrh;;e;j xd;wpaj;jpy; xUKiw kl;Lk; Mrphpah; njh;t[ thhpak; tH';fpa ju vz; mog;gilapy; Kd;Dhpik eph;zak; bra;a ntz;Lk;/ brhe;j khtl;lj;jpw;F khWjypy; te;j gpd;dUk; brhe;j khtl;lj;jpw;Fs; j';fs; brhe;j xd;wpaj;jpw;F-ntW xd;wpaj;jpw;F khWjy; bgw;why; ,th;fSf;F Mrphpah; njh;t[ thhpak; tH';fpa ju vz;zpid jf;f itj;Jf; bfhs;s ,ayhJ/ khwhf brhe;j khtl;lj;jpw;Fs; khWjy; bgw;Wr; bry;Yk; xd;wpa';fspy; gzpapy; nrh;e;j njjpapd;go. rhjhuz xd;wpa khWjypy; filgpof;Fk; Junior Most among Probationers/Approved Probationers vd;w tpjpg;gojhd; Kd;Dhpik eph;zak; bra;a ntz;Lk;/

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W.P.No.4747 of 2018

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vdnt. ghh;it 2y; fhqk; murhizapy; 1995k; Mz;L Mrphpah; njh;t[ thhpaj;jhy; njh;t[ bra;ag;gl;l ,ilepiyahrphpah;fSf;F j';fspd; brhe;j khtl;l';fspy; fhypg;gzpapl';fs; ,y;yhj fhuzj;jhYk; mjdhy; rk;ke;jg;gl;lth;fs; ntW khtl;l';fspy; epakdk; bgw;wth;fs; brhe;j khtl;lj;jpy; gzpg[hpa khWjypy; te;jth;fSf;F kl;Lnk ,t;turhiz bghUe;Jk; vd;gjida[k; bjhlf;ff; fy;tp ,af;Fehpd; bjspt[iuapd;go jkJ brhe;j khtl;lkhd jpUtz;zhkiy khtl;lj;jpy; 1995k; Mz;L epakdk; bgw;W tpUg;gj;jpd; nghpy; ntY}h; khtl;lj;jpw;F khtl;l khWjy; bgw;W gzpapy; nrh;e;Js;shh;/ jpUkjp/ nfh/jhkiur;bry;tp vd;ghh; brhe;j khtl;lj;jpy; gzpakh;j;jg;gl;L khtl;l khWjy; K:yk; ntY}h; khtl;lk;. thyh$h nkw;F xd;wpaj;jpy; khWjypy; gzpapy; nrh;e;Js;sjhy; md;dhiu 01/01/2017 Kd;Dhpik gl;oaypy; rhjhuz xd;wpa khWjypy; filgpof;Fk; Junior Most among Probationers/Approved Probationers vd;w tpjpg;gojhd; Kd;Dhpik eph;zak; bra;ag;gl ntz;Lk; vd bjhptpf;fg;gl;Ls;sjhYk; kDjhuhpd; nfhhpf;if Vw;f ,ayhJ vd epuhfhpj;J Miz tH';fg;gLfpwJ/”

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Challenging the said order Mr.R.Subramanian, learned counsel for the

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petitioner would submit that, the petitioner was selected and appointed in the year 1995 by Teachers Recruitment Board not in the home district, but in Tiruvannamalai District. In that case, whenever vacancy arises, the teacher appointed in other district than the home district with a request to appoint in the home district and depending upon the vacancy, once they are transferred to the

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https://www.mhc.tn.gov.in/judis

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W.P.No.4747 of 2018

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home district, the one time seniority at the time of selection by Teachers Recruitment Board can be fixed and thereafter once again if any transfer is sought for by the said teacher from that Union within the same district or any other Union, the teacher has to lose his/her seniority fixed by the Teachers Recruitment Board and the teacher has to be placed as junior in the Union or District she has been transferred once again.

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If that is the criteria fixed by the Government Order as well as the letter by the first respondent, which they have fully quoted in the order rejecting the plea of the petitioner, suggests that one time seniority can be maintained by the Department, then the petitioner who has got a transfer from Polur Tiruvannamalai District to Wallajah West Union, Vellore District which is her home district in that district and that Union the seniority of the year 1995 has to be followed and fixed on the petitioner. Therefore, rejecting the said plea of the petitioner is infirm, he contended.

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However, Mr.J.C.Durairaj, learned Additional Government Pleader appearing for the respondents, relying upon the counter affidavit would contend that, insofar as the seniority fixed in the year 1995 at the time of selection and appointment of the petitioner is concerned, that seniority can be fixed and maintained only once. Therefore, when she was appointed in Polur Union,

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https://www.mhc.tn.gov.in/judis

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W.P.No.4747 of 2018

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Tiruvannamalai District her seniority was fixed. Foregoing that seniority since the petitioner got transferred on her own willingness to Vellore District in Wallajah West Union, such seniority the petitioner has foregone. Therefore, once again the seniority fixed in the year 1995 cannot be refixed for the petitioner in view of the Government Order as well as the letter by the Director of Elementary Education. Hence, the order impugned rejecting the plea of the petitioner to fix the seniority as claimed by her dates back to 1995 is not feasible for compliance. Therefore, that was rejected and hence the impugned order has been passed, of course rightly. Accordingly, the learned Additional Government Pleader seeks the dismissal of this writ petition.

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I have considered the submissions made by the learned counsel appearing for both sides and have perused the materials placed on record.

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In paragraph 4 of the letter of the Directorate of Elementary Education dated 11.06.2007, which has in fact been quoted in the impugned order itself, as has been extracted herein above, it is made clear that once a teacher has been appointed in any other district than the home district and thereafter if he/she seeks transfer for the home district, and if such transfer is effected, the one time

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https://www.mhc.tn.gov.in/judis

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W.P.No.4747 of 2018

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seniority fixed by the Teachers Recruitment Board at the time of selection based on merits can very well be maintained for the transferred teacher in the transferred place ie., the Union / District and once again if any other transfer is sought for, then only the incumbent will lose his / her seniority and he/she will be placed in the junior most position of seniority.

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Here in the case in hand, the petitioner has got one transfer from Polur Union, Tiruvannamalai District to Wallajah West Union, Vellore District ie., her home district.

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Whatever may be. Since it is a first time transfer as per Para 4 of the letter referred to above of the Directorate of Elementary Education, the petitioner would be entitled to protect her seniority as has been fixed by the Teachers Recruitment Board in the year 1995 ie., the year of selection and appointment. Therefore, the said instructions given, which in fact has been quoted by the respondents, has not been properly applied to the facts of the petitioner's case. Therefore, this Court feels that the reason cited by the respondents in the impugned order is liable to be interfered with.

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In the result, the following orders are passed in the writ petition.

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● That the impugned order is set aside and the matter

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W.P.No.4747 of 2018

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is remitted back to the respondents for reconsideration.

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● While reconsidering the same, the instructions mentioned in the letter of the Directorate of Elementary Education dated 11.06.2007 in consonance with the relevant Government Order as has been mentioned in the impugned order in the year 2007 in para 4, shall be scrupulously followed and properly applied to the facts of the petitioner's case. Accordingly, the seniority of the petitioner shall be refixed based on her seniority at the time of her selection and appointment in the year 1995 and accordingly a revised order shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

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With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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W.P.No.4747 of 2018

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04.07.2022

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Index : Yes/No Internet : Yes/No KST To

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1.District Elementary Educational Officer District Elementary Educational Office Vellore Fort, Vellore-4.

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2.The Assistant Elementary Educational Officer Wallajah West Range, Wallajahpet Vellore District.

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3.The Director of Elementary Education College Road, DPI Campus Chennai – 600 006.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4747 of 2018

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R. SURESH KUMAR, J.

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KST

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W.P.No. 4747 of 2018

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04.07.2022

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G.Thamarai Selvi, v. District Elementary

Case brief

What is this about?

What did the court decide?

G.Thamarai Selvi, v. District Elementary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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