JUDGEMENT

- (1.)THIS two groups of writ petitions challenge different provisions of Chhattisgarh Tribal and Scheduled Caste Development Department Educational Cadre (Gazetted), Service Recruitment Rules, 2011 (the 2011 - Rules) and are opposite to each other in the sense that if one is to be allowed the other is to be dismissed: The first group namely WP(S) - 1407, and 2241 of 2012 (serial -1 and 2) is by directly recruited Lecturers and they substantially challenged the equivalence granted to Headmasters, Middle School with the Lecturers; The second group of writ petitions namely WP(S) - 2349, 2674, 2675, 2676, 3150 of 2012 and WP(S) - 1449 of 2013 (serial -3 to 8) is by Lecturers, who are promoted from the post of Head Masters, Middle School for not including the period of their service as Head Master, Middle School for calculating the period of their qualifying service as has been in the case of those Head Masters middle school who continue to hold such post. THE FACTS Historical The Earlier Rules
(2.)INITIALLY , in the State, the school teachers (upto class XII) were under the following categories:
(i) Assistant Teachers upto class -V; (ii) Head Master, Primary School (upto class V); (iii) Upper Division Teachers (upto class -VIII); (iv) Head Master of Middle School (upto class VIII); (v) Lecturers (teachers from class IX to class XII); and (vi) Principal/ Vice -Principal of the Higher Secondary School (upto class XII).

The post of the Assistant Teacher was entry level post. A teacher could be promoted to the higher post and there could be direct appointment to the higher post as well.

(3.)BEFORE the 2001 -Rules, the Head Master Middle School with post graduate degree could be promoted as the Lecturers and only then to the post of Principal/ Vice -Principal. There was no direct promotion to the post of Principal/ Vice -Principal from the post of Head Master, Middle School. At that time, the post of Head Master, middle school was the subordinate post.


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