K.VENKATASWAMI - (1.) THESE appeals can be disposed of by a common judgment as the Tamil Nadu Administrative Tribunal disposed of the matters by a common order in view of the fact that the issues arising out of these cases are inter-related and, therefore, necessary to be disposed of by a common order.
(2.) THIS is the third round of litigation up to this Court between the two categories (A and B Wings) of teachers, who were later on integrated into one category and as a result of which litigations started concerning seniority and further promotions. The first round of litigation, which came up to this Court, was disposed of by this Court in The Tamil Nadu Education Department Ministerial and General Subordinate Services Association v. State of Tamil Nadu. AIR 1980 SC 379 on 23-10-79. The second round of litigation was disposed of by this Court in K. Subramanian v. Director of School Education at the admission stage itself by dismissing the S. L. P. (C) Nos. 14520, 14685-89/87 on 15-12-87 with a short, reasoned order. We are now disposing of the third round of litigation with the hope that this will give a quietus at least in the matter of seniority and promotions between the parties as one of the categories, which was merged with another category, is due to vanish by efflux of time. We propose to give only skeletal factors necessary to appreciate the rival submissions. Consequent on the formation of the Panchayat Unions, as a first step, the Government abolished the District Boards in the year 1960-61. The administration of the erstwhile District Board Secondary Schools was brought under the control of the Special District Educational Officers in the year 1963. Later on, the Government by G. O. Ms. No. 539 dated 1-4-66 directed to treat the erstwhile District Board Schools as Government Secondary Schools with effect from the said date. However, no decision was then taken regarding the staff of the District Boards Schools in the said G. O. By G. O. Ms. No. 761 dated 16-5-70, the Government ordered the absorption of the teaching and non-teaching staff of the District Board Schools in Government Service w.e.f. 1-4-70. On such absorption, the staff of the District Board Schools was governed by a separate service named as Tamil Nadu Educational Subordinate Service (B). We may mention that the regular staff in the Government Secondary Schools was governed by the Tamil Nadu Educational Subordinate Service. By G. O. Ms. No. 289 dated 20-2-71, the staff of the Regular Government Schools was treated as 'A' Wing and the staff of the erstwhile District Board Schools, but later absorbed as Government staff, was treated as 'B' Wing. The Government also decided that any school to be opened on or after 1-4-70 shall be only regular Government School. That means, there won't be any addition to the Government School under 'B' Wing category after 1-4-70. By another G. O. Ms. No. 1786 (Education) dated 17-10-74, the Government expressed that the integration of 'A' Wing and 'B' Wing was administratively not feasible and, therefore, it was decided to reserve 30 Per Cent of the posts of District Educational Officers (promotional post) for 'B' Wing. By G. O. Ms. No. 1968 (Education) dated 2-11-78, the Government directed, in partial modification of the earlier G. Os., that the staff of 'A' and 'B' Wings be integrated with immediate effect. The Government also indicated the procedure for integration in the following manner :- "i) Statewide seniority lists shall be drawn up and maintained by the Director of School Education for 'B' Wing staff similar to the Statewide list maintained all along for Gazetted Headmasters, Non-Gazetted Headmasters, B. T., Assistants language Pandits, Grade I and Physical Directors in 'A' Wing. ii) The date of regular appointment of a person in the post in 'B' Wing on 31-3-1970 should be basis for drawing up the Statewide seniority lists for different categories in 'B' Wing. iii) For filling up substantive vacancies existing on the date of this order or that may arise thereafter the ratio between the two Wings for the different categories of posts shall be as follows :- (A) For filling up the posts by promotion :- 1. From the Non-Gazetted Headmasters to Gazetted Headmasters. 2. From the BT Assistants to Non-Gazetted Headmasters. 3. From Secondary Grade Assistants and other specialist teachers to the cadre of BT Assistants. The vacancies will be filled up between A Wing and B Wing in the ratio of 2:3. The cycle of 5 shall be followed as indicated below :- JUDGEMENT_178_5_1998Html1.htm 'A' Wing staff, aggrieved by the integration as per G. O. Ms. No. 1968, challenged the same by filing a Writ Petition in this Court. The challenge to the said G. O., in particular, was directed against fixing the ratio between the two Wings in the matter of promotion and fixing the principle for computation of service in determining common seniority. This Court, upholding the ratio fixed in the said G. O. between the two Wings in the matter of promotion and also the principle for computation of service in determining common seniority, dismissed the Writ Petition. The decision, upholding the validity of the said G. O. No. 1968, was given by this Court on 23-10-79. Before that, the Government issued G. O. Ms. No. 1079 dated 2-7-79 framing the rules under Article 309 of the Constitution, styled as Special Rules for the Tamil Nadu Educational Subordinate Service 'B' Wing and made those rules as part of Volume-III of the Madras Services Manual 1970 under Section 6A, Part-IIIB. These rules were given retrospective effect from 1-4-70. After the judgment of this Court, the Government issued another G. O. Ms. No. 1307 dated 12-7-80 by adding Rule 2-A to the Tamil Nadu Educational Subordinate Service Rules, which related to 'A' Wing. Rule 2-A, as introduced by the said G. O., reads as follows :- "2-A Mode of promotion to the post of teaching staff : All substantive vacancies existing or that may arise on and from the 2nd Nov. 1978 in all categories of teaching staff which are to be filled up by promotion shall be filled or reserved to be filled from among the holders of the specified posts both in 'A' and 'B' Wings of the School Education Department in the ratio of 2:3 (namely 40 Per Cent of A Wing and 60 Per Cent for B Wing) as per the seniority lists of A and B Wings drawn up as on the 31/03/1970."
(3.) ONE important aspect that has to be borne in mind before proceeding further is that the Government on 22-7-80 addressed a letter to the Director of School Education on the effect of the judgment of this Court dated 23-10-79 (reported in AIR 1980 SC 379) upholding G. O. Ms. No. 1968. Paragraphs 2 and 3 of that letter are relevant for our purpose, which read as follows :- "2. I am also to state that the Government have carefully examined the observation made in the concluding portion of the Supreme Court Judgment about alternative policies and the Government consider that there is no better possible alternative solution to the problem than the integration order confirmed by the Supreme Court. 3. In the above circumstances, I am to request you to implement the integration order issued in the G. O. referred to at para 1 above. The Associations concerned may also be informed accordingly." (Emphasis supplied) After taking the above decision, the Government, presumably under pressure of 'A' Wing staff, issued another G. O. Ms. No. 98 (Education) dated 21-1-81 amending Rule 2-A, which was introduced just a few months earlier and the amended Rule 2-A reads as follows :- "2-A. Mode of promotion to the post of teaching staff : All substantive vacancies existing or that may arise on and from the 2/11/1978 in all categories of teaching staff which are to be filled up (by) promotion shall be filled or reserved to be filled from among the holders of the specified posts both in the 'A' and 'B' Wings of the Social Education Department as per the combined seniority lists of 'A' and 'B' Wings drawn up on the 1/11/1978 in the ratio of 2:3. EXPLANATION : For the purpose of preparation of combined seniority list of 'A' and 'B' Wings of the cycle of 5 (2:3) in respect of all categories of teaching staff shall be followed as indicated below : JUDGEMENT_178_5_1998Html2.htm ;