Can't Claim Specific Post When Two Posts Are In The Same Cadre With Identical Pay Scale: Madras High Court

Madras High Court has recently iterated that when two posts carry equivalent scale of pay and are treated as equal categories under the Rules, the petitioners have no right to claim a particular post as a matter of right or choice.The Madurai bench of Madras High Court underscored that when the service conditions are not infringed from and out of the administrative transfers effected, the Government employees have no right to claim a specific post as their choice.Justice S M Subramaniam was hearing a plea made by petitioners who were initially appointed as B.T.Assistants (Bachelor of Teaching) and some others who were promoted as B.T. Assistants from the post of Secondary Grade Teacher. Petitioners belonging to both categories has passed the Deputy Inspector's Test and were qualified to be transferred and appointed as Deputy Inspector of Schools, an equivalent cadre carrying identical pay scale. Since they met the requirements under Special Rules for Tamil Nadu Educational Subordinate Service, they were appointed as Deputy Inspectors.The petitioners were challenging the 6th January notification by the Joint Director of School Education directing the District level Chief Educational Officers to make administrative transfers and accordingly post these Deputy Inspectors as B.T Assistants by 7th January.The court pointed out that the Rules specify that graduate teachers become eligible for appointment as Deputy Inspectors once they succeed in the tests envisaged under Rule 8. However, the tests under Rule 8 are given since the Deputy Inspector Post involves administrative duties. The court, therefore, noted as below:"However, the fact remains that the posts of Deputy Inspector of Schools and Graduate Teacher are equivalent categories and carrying identical scale of pay. That exactly is the reason why there is no separate provision for appointment contemplated to fill up the post of Deputy Inspector of Schools. Appointment is to be made by transfer from the equivalent category and once such transfer is made, then those employees are liable to be re-transferred and other Graduate Teachers waiting for the post of Deputy Inspector of Schools must be provided with an opportunity to work as Deputy Inspector of Schools in order to make public administration more effective and efficient".Citing this reason, the court opined that indefinite periods of employment as Deputy Inspector would affect public administation and rights of other eligible graduate teachers. The court observed that the new Special Rules issued in 2020 also allows the appointment to the post of Deputy Inspector of Schools is to be made by way of transfer from Category-2 of Class-I or Classes-II, III and IV in the service, contrary to the petitioner's submission that the appointments violate the new Rules. Pertinently, Category-2 of Class-I indicates Graduate Teachers (Subjects). Pointing out all these provisions, the court noted that there is a remarkable difference between the terminology used in the relevant rules, i.e, ' by transfer' and another term not included in the Rules, i.e, 'transfer from any service'."If a person is appointed from any other service as Deputy Inspector of Schools, then alone it may be contended that re-transfer is to be made only, if Rules permit. But, if the Rule contemplates "by transfer", then it is to be made only by way of transfer and the word "transfer" indicates that the posts of Deputy Inspector of Schools and Graduate Teacher (B.T.Assistant) are interchangeable as it carries identical scale of pay", the bench further added.Therefore, the court concluded that both graduate teachers and deputy inspectors are categories that fall under the same Special Rules and the word 'transfer' adopted in the Rules indicate that both posts are interchangeable."...Status cannot be claimed in the Government service. When the service conditions are not infringed from and out of the administrative transfers effected, the Government employees have no right to claim the post as their choice. Thus, the petitioners have not established any right for the purpose of challenging the impugned orders nor they have established violation of the service conditions contemplated under the Rules", the court remarked before dismissing the challenge to the circular and terming the subsequent transfer orders as 'routine transfers'.The court, therefore, elaborately discussed whether any of the service conditions of the employees have been violated by virtue of such transfers by extensively referring to the Special Rules for Tamil Nadu Educational Subordinate Service, 2020. The mode of appointment to the post of Deputy Inspector, as given in the Rules, state that the eligible B.T.Assistants, who possess the requisite qualification, are to be transferred as Deputy Inspectors. The court, therefore, reached the final conclusion that the Rules stipulate those Graduate Teachers who are appointed under Category-2 of the Special Rules and...

Can't Claim Specific Post When Two Posts Are In The Same Cadre With Identical Pay Scale: Madras High Court

Sebin James

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