A. Hepsybah Inbam, C. Helen Rani, B. Packiya Selvam and The Corporate Management of C.S.I. Schools of Kanyakumari Diocese vs The Government of Tamilnadu, The Corporate Management Schools and The Chief Educational Officer

P.K. Misra, J.—The petitioners in W.P. No. 10302 of 1999 were appointed as Secondary Grade Teachers in different schools managed

by the fourth respondent. In course of time their appointment had been approved and they were being paid salary by the Government.

Subsequently, the third petitioner, Smt. B. Packia Selvam, was promoted as B.T. Assistant and being paid salary accordingly. While the matter

stood thus, the question of fixation of students - teacher ratio was taken up by the Government. In G.O.Ms. No. 317 dated 25.7.1997, the first

respondent took a policy decision to sanction additional teaching posts to minority schools with effect from 1-6-1997 applying 1 : 50 as teacher-

students ratio and the Director of School Education was requested to send a detailed proposal for the sanction of additional posts in respect of

various schools. the relevant portion of the G.O.Ms. No. 317 dated 25.7.1997 is extracted hereunder:

. . . In pursuance of the decision arrived, the Government after careful consideration directing that teaching posts on the regular time scale of pay

for assessment of salary grant with effect from 1-6-1997, be sanctioned to the Minority Schools based on the teacher-pupil ratio of 1:50 with

reference to the over all strength based on average attendance. The eligible Minority Institutions shall prefer their claims with school wise details

through the concerned Chief Educational Officers/District Elementary Educational Officers who will scrutinise the claims and forward them to the

Director of School Education/Director of Elementary education for clearance. The total number of posts school-wise to be sanctioned shall be

reported to Government by the Director of School Education/Director of Elementary Education for issue of a normal sanction order, within a

month. Consequent on the application of the teacher-pupil ratio of 1:50 any surplus posts assessed shall be resumed. . .

On the basis of the aforesaid policy decision, the Director of School Education, the second respondent, submitted details of the schools along with

students strength and additional posts to be sanctioned. The Government after considering such proposal in the light of the G.O.Ms. No. 317

dated 25.7.1997, passed G.O.Ms. No. 523 dated 29.12.1997.

The relevant portion of the above G.O. is extracted hereunder :-

... 2. The Government after careful examination of the proposals sanction additional posts, for purpose of assessment of grant, to the schools as

detailed in the Annexures I and II of this order, with effect from 1.6.1997. The incumbents besides pay at the minimum of the scale of pay shall be

eligible for other allowances as admissible under the orders in force from time to time. The appointments made against additional posts should

satisfy the norms, guidelines and orders in force. The competent authorities should satisfy before release of grant, that the Management have

fulfilled all the conditions relating to the appointments. The schools opened upto the academic year 1990-91 shall alone be covered under this

order. If it is found later that any of the school is not eligible for the additional post, it shall be withdrawn without any notice and the Management

cannot claim the post as a matter of right.

The excess teaching posts found consequent on the application of G.O.Ms. No. 317, School Education Department, dated 25.7.97 shall be

allowed to continue till new norms same into effect and resumed thereafter based on students strength, wherever necessary. . .

Annexure-I of the aforesaid G.O. contains the list of various schools and number of teaching posts sanctioned with reference to G.O.Ms. No. 317

Dated 25.7.97. Entry No. 274 indicates sanction of three posts of Secondary Grade Teachers and 5 posts of B.T. Assistants in respect of Duthie

Girls Higher Secondary School, Nagercoil in Kanyakumari district. The aforesaid school is managed by the fourth respondent Management. On

the basis of the aforesaid G.O., fourth respondent took steps to appoint teachers and also to transfer teachers from the existing school to other

schools. Accordingly, the petitioners were transferred and posted in Duthie Girls Higher Secondary School and other teachers were appointed

against their original postings. Subsequently, under the impugned order, the second respondent refused to accord approval for the appointment of

three petitioners in Duthie Girls Higher Secondary School. This order is being challenged in the present writ petitions.

The petitioners have also prayed for a direction to the respondents 1 to 3 to pay salary of them with effect from 2.2.1998.

The connected writ petition has been filed by Duthie Girls Higher Secondary School for granting similar relief to the concerned teachers. For

convenience, the expression ""petitioners"" shall be construed to refer to the petitioners in W.P. No. 10302 OF 1999.

It has been asserted that appointment of other persons against the previous postings of the present petitioners have been approved and there is

no justification to deny approval to the posting of transfer against the new posts.

In the counter affidavit filed by the third respondent, while not denying the aforesaid basic allegations, it has been stated that the the second

respondent has specified a condition to the effect that ratio of 1:50 is on the basis of students in Tamil Medium schools/sections and the ratio was

not intended to cover the case where medium was in English and therefore, the appointment of three petitioners even if by way of transfer cannot

be accepted.

The relevant paragraphs of G.O.Ms. No. 317 dated 25.7.197 and G.O.Ms. No. 523 dated 29.12.1997, which have been extracted earlier, do

not indicate that 1:50 ratio was fixed on the basis of number of students in Tamil medium school or sections of a particular school. Therefore, the

interpretation put by the respondent No. 2 does not appear to be correct. G.O.Ms. Nos. 317 and 523 had been passed by the Government. If

any clarification was required, it was for the Government to consider and issue any clarification if necessary and the second respondent should not

have taken up the task of clarifying the intention under those two orders. Moreover, G.O.Ms. No. 523 dated 29.12.1997 had specifically created

new posts and three petitioners, who were already holding approved posts were transferred to such school, where new posts were created.

Therefore, there is no justification to deny the benefit of salary to the petitioners.

For the aforesaid reasons, the writ petitions are allowed and the respondents 1 to 3 are directed to pay the salary of the three petitioners with

effect from their date of posting in Duthie Girls Higher Secondary School, Nagercoil in Kanyakumari district. The arrear salary payable till the end

of February, 2003 shall be paid within a period of four months from the date of communication of the order and the current salary payable for the

month of March and thereafter shall be paid as per the usual norms. There will be no order as to costs. Consequently, connected Miscellaneous

petitions are closed.