TAMIL NADU TEACHERS ASSOCIATION ETC versus ASSOCIATION OF THE HEAD OF THE GOVT. (B WING) HIGH AND HIGHER SECONDARY SCHOOLS AND ORS. ETC

Citation: [1998] 3 S.C.R. 1 · Decided: 28-04-1998 · Supreme Court of India · Bench: K. VENKATASWAMI · Disposal: Dismissed

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Judgment (excerpt)

TAMIL NADU TEACHERS ASSOCIATION ETC 
ASSOCIATION OF THE HEAD OF THE GOVT. (B WING) HIGH 
AND HIGHER SECONDARY SCHOOLS AND ORS. ETC. 
APRIL 28, I 998 
[K. VENKATASWAMI AND A.P. MISRA, JJ.] 
A 
B 
Service /aw-Service Rules-Amendment of-Existing right prior to 
·amendment-if the same can be taken away- 'A' and 'B' Wings of Teachers 
working in the State of Tamil N.adu integrated w.e.f 01.0./.1970 vide GOMs. C 
No. 1968of02.11.1978-B Wing was a dying cadre as all fresh appointments 
were ordered to be made in Wing 'A' only--Vide GOM No. 98 dated 
21. 01. I 981, combined seniori(v lisT of boTh Wings directed to be redrawn in 
The ratio of 2:3-Result of this amendmenT was that the teachers in A Wing 
who were not in employment prior to 31. 03.1970 were placed in the seniority D 
list over the staff already in B Wing long before 31.03.1970-GOM 98 sTruck 
down Hzgh Court and SLP was also dismissed by a reasoned judgment-Jn 
between, Government issued various GO Ms which had the effect of separating 
the seniority of two Wings-Held, two Wings already integrated w.e.f 
01.04.1970-Further, the right to combined seniority list and the promotional 
opportunities as provided in GOMs 1968, became crystallised in the High E 
Court order as upheld by Supreme Court-Hence This righT could not be 
taken away by resorting to rule-making power of the Government-Also that 
Government in one of its GOMs had itself asserred that integration of two 
Wings was the best solution-Seniority-Cadre-Integration of-Madras 
Service Manual, 1970, Section 6-A, Part Ill- B (Special Rules)-T.N. F 
Educational Subordinate Service Rules, Rule 2-A. 
Consequent to the formation of the Panchayat Unions, 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 Special Dis.trict Education Officers in the year 1963. Later on , the G. 
Government by G.O.Ms. No. 539 dated 01.04.1966 directed to treat the 
erstwhile District Board Schools as Government Secondary Schools w.e.f. 
the said date. However, no decision was taken regarding the staff of the 
District Board Schools in the said G.O. 
By G.O.Ms. No. 761dated15.06.1970, the Government ordered the H 
I 
2 
SUPREME COURT REPORTS 
(1998] 3 S.C.R. 
A absorption of the teaching and not-teaching staff of the District Board Schools 
in Government Service w.e.f. 01.04.1970. On such absorption the staff of the 
.+ 
District Board Schools was governed by a separate service named as Tamil 
Nadu Subordinate Service (B) and regular staff in the Government Secondary 
Schools was governed by the Tamil Nadu Educational Subordinate Service. 
B By G.O. Ms. No. 289 dated 20.02.1971, 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 
0.1.04.1970 was to ·be only regular Government school which meant that 
there won't be any addition to the Government school under 'B' Wing 
C category after 01.04.1970. 
By another G.O.Ms. No. 1786 (Education) dated 17.10.1974, the 
Government expressed that the integration of 'A' Wing and 'B' Wing was 
administratively not feasible and, therefore, it was decided to reserve 30% 
of the posts of District Education Officers (promotional post) for 'B' Wing. 
D B)' G.O.Ms. 1968 (Education) dated 02.11.1978, the Government directed, in 
partial modification of the earlier G.Os., that the staff of' A' and 'B' Wings 
be integrated with immediate effect. 'A' Wing staff, aggrieved by the 
integration challenged the same by filing a Writ Petition before Supreme 
Court. The Challenge to the said G.O., in particular, was directed, against 
E the fixing of ratio between the two Wings in the matter of promotion and 
fixing the principle for computation of service in determining common 
seniority. Supreme Court upheld 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 seniority, and dismissed the Writ Petition on 20.10.1979, 
Before the judgement, the Government issued G.O.Ms. No. 1079 dated 
F 02.07.1979 framing Rules under Article 309 of the Constitution, styled as 
-f 
Special Rules for the Tamil Na du Subordinate Service' B' Wing and made 
those rules as part of Volume-HI of the Madras Services Manual 1970 wi

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