'Fighting Only For Their Rights, Time To Emphasis On Duties': Madras HC Issues Directions To Counter Misconduct By Govt. Salaried Teachers

Slamming those in the teaching community that takes private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules."The teaching community is concentrating to satisfy their self-needs, thereby neutralizing the duties and responsibilities. They are fighting only for their rights...But, time has come now for the Courts for emphasis the duties to be performed by these Teachers and citizen in general. Rights and duties are corresponding. When a Teacher claims a right, equally the performance of duties is to be emphasised. But, the trend is that the duties are not considered as important. Such a mind-set at no circumstances, is tolerable."The court was deprecating the trend of teachers approaching the High Court even for transfer to a nearby place. The court also added that once they manage to get an interim order of stay, they continue staying in the same place for several years, which is detrimental to the rights of other employees and public administration. Justice SM Subramaniam has also observed that the Teachers Associations in the state are illegally interfering in the affairs of the Education Department."...These Associations are hand in glove with the higher officials and with politicians and indulging in corrupt activities to achieve their goals. They are actively indulging in such illegal, irregular and corrupt activities to do favours for their members under the umbrella of protection of the Teachers' rights. Therefore, the activities of these Associations are to be monitored by the State as they are registered and recognized by the State", the court noted in the order,The single-judge bench of Justice S.M. Subramaniam has directed the Principal Secretary to constitute Special Teams at the District level to monitor and initiate disciplinary proceedings if teachers are involving themselves in private business/ tuition centres, other part-time employments etc.After suo motu impleading the Principal Secretary to Government( School Education Department) and Commissioner of School Education, the other directions issued by the judge included: i) making available telephone numbers/ WhatsApp numbers for parents/ students/ general public to make complaints regarding misconduct/ illegalities perpetrated by teachers both inside and outside schools. These numbers will be displayed in all Education Department Offices and Government Schools and Government Aided Schools, ii) Principal Secretary must issue circular/ guidelines to Education Department officials for periodical assessment of work performance/ teaching pattern/ quality of education imparted and a review as well as a corrective mechanism for improvement, iii) The District Level Committees will be supervised by the Head of Education Department who would have the power to initiate action against them for lapse/ negligence, iv) The Department will be free to issue administrative transfer orders in cases where teachers are found to be indulging in misconduct inside/ outside schools with reference to the Tamil Nadu Government Servants Conduct Rules, 1973 and a circular should be issued to that effect for monitoring.v) The Principal Secretary has also been instructed to collect information/ complaints regarding activities of recognised teachers associations across Tamil Nadu and ensure that they aren't violating the provisions of the Act as well as the Service Rules.Giving the above directions, the court has asked the respondents to file a compliance report in four weeks. The court was hearing the plea of a secondary grade teacher whose application for transfer within the radius of 30 kms on the ground of spouse working at another place was rejected.The court observed that the government order directing that 'spouse employed cases' are to be considered for transfer within the radius of 30 kms only stipulates that 'priority to be followed'. This would mean that it is only priority that would not confer any right so as to claim any infringement of the service conditions."Thus, the Government order stipulates that their case will be considered, when there is the availability of post and by considering the administrative exigencies. Mere preference or priority granted in certain guidelines cannot be construed as a right or violation of such instructions/guidelines providing concession would not provide a cause for filing a writ petition", the court underscored.The court also noted in the order that the difference between the two places as shown in the satellite map is 18.07 kms and not over 30 kms as claimed by the petitioner teacher.The court added that orders of transfer can be interfered with only in exceptional circumstances like an order passed without jurisdiction or allegations of mala fide are raised or where materials are available to...

'Fighting Only For Their Rights, Time To Emphasis On Duties': Madras HC Issues Directions To Counter Misconduct By Govt. Salaried Teachers

Sebin James

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