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Judgment
J. Nisha Banu, J
The petitioner whose promotion as B.T. Assistant in Maths at Panchayat Union Middle School, Puliyankulam, Alwarthirunagari Union, Thoothukudi District was cancelled by impugned proceedings, is before this Court challenging the same.
The petitioner joined service initially as Secondary Grade Teacher in Panchayat Union Middle School, Mavilpatti, Pudur Union, Thoothukudi District on 03.08.1995. She was later transferred to the Panchayat Union Primary School, Ambalaseri, Alwarthirunagari Union, Thoothukudi District. She was promoted as Primary School Headmistress on 21.09.2011 and posted in the Panchayat Union Primary School, Chenkulam, Alwarthirunagari Union, Thoothukudi District. After completing B.A. degree in History, the petitioner acquired B.Sc decree in Maths under distance education from the Madurai Kamaraj University which is one year course. Thereafter, the 3rd respondent DEEO promoted the petitioner as B.T. Assistant in Maths and posted her at Panchayat Union Middle School, Puliyankulam, Alwarthirunagari Union, Thoothukudi District vide proceedings dated 28.06.2012 and she joined the said school on 29.06.2012. While so, to her shock and surprise, by impugned proceedings, her promotion as B.T. Assistant(Maths) was cancelled on the ground that the Principal Seat of this Court had granted interim injunction as against the promotion of double degree holders under M.P.No.1 of 2012 in W.P.No.14864 of 2012 etc batch of cases. Challenging the said cancellation of promotion, the petitioner has filed this writ petition.
Learned counsel for the petitioner fairly submitted that by order dated 14.08.2012, W.P.No.14864 of 2012 etc batch of writ petitions were allowed by the Principal Seat of this Court directing the respondents therein not to recognise one year degree course obtained by the candidates both for appointment as well as for promotion and that the said order was not challenged on appeal and thus it attained finality. Therefore, he would pray this Court for a direction to the respondents to treat the non joining period of the petitioner as duty period.
It is relevant to extract below paragraphs 82 to 84 of the order dated 14.08.2012, W.P.No.14864 of 2012 etc batch:-
''82. But a careful study of the history of evolution of Extension Education in the world would reveal that it was conceived with the noble intention of enhancing the skills and improving the knowledge of persons who did not or could not afford to go to Higher Educational Institutions. But unfortunately, after its adoption in India, in the form of Distance Education or Adult and Continuing Education, some of the Universities in the country started perverting the whole objective, by making available all kinds of degrees, solely with a view to enable the acquirers of such degrees to claim a right for being considered for appointment in Government Service. Eventually, the Supreme Court took note of such perversions in Annamalai University. A one year Degree, by whatever name called (either dual degree or second degree, if not a duplicate degree), is one another perversion of the system which was evolved more than a century ago as an Extension Programme with a noble objective. It will be interesting to note that persons who acquired such one year degrees or open university degrees, do not get employment in the Private Sector. It is only in Government Service that such persons seek appointments, promotions, incentive increments etc., on the basis of such degrees. Therefore, these degrees are actually specially designed and tailor made by Universities for serving or aspiring Government Servants.
It must be noted that the recruitment of teachers in schools, is being made by the Government, merely on the basis of seniority of registration in the Employment Exchange, in the past few years. This itself has struck at the root of quality, in the matter of selection. If one year degrees are also recognised as equivalent to 3 year degrees, that would sound the death knell for the schools run by Government. Therefore, the stand taken by the Department in their communication dated 19.7.2012, not to recognise dual degrees, is a correct and appreciable step.
In view of the above, the writ petitions are allowed and the official respondents are directed not to recognise, both for appointment as well as for promotion, the dual degrees obtained by candidates after undergoing a Course of a duration of one year, as equivalent to a degree obtained after undergoing a Course of a duration of 3 years.''
Record of proceedings shows that while admitting the writ petition, by order dated 25.07.2012, this Court has granted an order of interim stay and the respondents filed vacate stay petition in M.P(MD)No.3 of 2012, whereunder, this Court by order dated 10.10.2013 has modified the interim order of stay as follows:-
''It is submitted by the learned Additional Government Pleader that the post of Headmaster at Panchayat Union Primary School, Sengulam, is still vacant, whereas the post of B.T. Assistant at Panchayat Union Middle School, Puliyankulam, has been filled up, as one Mrs.Sumathi had already joined duty on 21.07.2012 itself and the petitioner is not doing any work because of the above situation prevailing. Therefore, the interim order granted on 25.07.2012 is hereby modified with a direction to the petitioner to go and join duty as a Headmaster in the Panchayat Union Primary School, Sengulam, Alwarthirunagari Union, Thoothukudi District.''
Therefore, it is clear that from 25.07.2012 to 10.10.2013, the petitioner could not join as B.T. Assistant at Panchayat Union Middle School, Puliyankulam, due to joining of Mrs.Sumathi in the said post. Though vacate stay petition has been filed in August 2012, the respondents successfully dragged the matter till 10.10.2013 and only on that date, the interim order came to be modified. Since one Sumathi had joined duty in the place of the petitioner, the petitioner could not join duty and therefore, the non joining of the petitioner is not at her fault and the pendency of the proceedings before this Court was also the reason for the petitioner for not joining the duty and therefore, in my considered opinion, the period in which, the petitioner did not work has to be treated as duty period.
Therefore, the respondents are directed to treat the period from the date of impugned orders till the date on which the petitioner joined as Headmaster at Panchayat Union Primary School, Sengulam, Alwarthirunagari Union, Thoothukudi District, by virtue of the interim order dated 10.10.2013, as duty period and pay salary and all allowances eligible to her. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.