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1 OA/310/01670/2016

CENTRAL ADMINISTRATIVE TRIBUNAL

CHENNAI BENCH

OA/310/01670/2016

Dated this the 3^rd day of February, Two Thousand Twenty Six

CORAM :

HON'BLE MR M. SWAMINATHAN. MEMBER (J)

AND

HON'BLE MR. M.L. SRIVASTAVA MEMBER(A)

1. V. Manogar,

S/o R. Vaiyapuri,

Nodal Prerak (Supervisor)

Continuing Education Scheme

Education Department, Puducherry.

2. G. Vazhumuni

S/o M. Govindhan,

Nodal Prerak (Supervisor)

Continuing Education Scheme

Education Department, Puducherry.

3. B. Ramalingam

S/o Balakrishane,

Nodal Prerak (Supervisor)

Continuing Education Scheme

Education Department, Puducherry. .. Applicants

By Advocate M/s. V. Ajayakumar

Vs.

l. Union of India, rep by its

rep by the Government of Puducherry through the

Secretary to Government (Education)

Chief secretariat, Puducherry.

2. The Director of School Education

Education Department, Puducherry .. Respondents

By Advocate Mr. R. Syed Mustafa

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ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

This OA has been filed by the applicants for a direction to the

respondents to absorb them as Trained Graduate Teachers with effect from

the date on which they have been appointed and to pass such other or

further orders in the interest of justice and render justice.

2. Brief facts of the case, as submitted by the applicants are as

follows:

The applicants were appointed as Nodal Preraks (Supervisors) under the

Continuing Education Programme of the Education Department,

Government of Puducherry. All the applicants belong to the MBC

category, possess B.Sc., B.Ed. qualifications, and entered service during

the years 1999/ 2003. Though they were engaged on a part-time basis and

paid consolidated wages, they have been discharging duties on par with

regular teachers. It is the case of the applicants that their seniors, who were

earlier working as Nodal Preraks (Supervisors), were subsequently

absorbed as Secondary Grade Teachers and brought into regular service.

Despite being similarly situated, the applicants have not been extended the

same benefit. In spite of repeated representations, the respondents have

failed to absorb the applicants, compelling them to continue as Nodal

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Preraks even to this day. Hence, the present Original Application has been

filed.

3. The main contention of the learned counsel for the applicants is that

they are entitled to absorption as Primary School Teachers/School

Assistants, as was done in the case of their seniors, and that the denial of

such absorption is arbitrary and discriminatory. It was further submitted

that the respondents have failed to consider the applicants either for

absorption as Supervisors or as Primary School Teachers/School

Assistants.

4. The learned counsel further contended that the Recruitment Rules

for the post of Supervisor under the Adult Education Programme indicate

that the applicants were appointed against sanctioned posts, and therefore

they are entitled to absorption as Trained Graduate Teachers (TGT). It was

also submitted that the applicants possess the requisite qualifications

prescribed for the post of TGT and have been working in schools as

directed by the authorities. According to the applicants’ counsel, their

seniors were absorbed as School Assistants (TGT), and the applicants were

appointed against the vacancies created thereby. Consequently, the

applicants are also entitled to absorption as TGTs. On these grounds, the

learned counsel sought the reliefs prayed for in the present OA.

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5. Per contra, the learned counsel for the respondents strongly opposed

the submissions made on behalf of the applicants, placing reliance on the

reply statement filed by the respondents. It was submitted that upon the

winding up of the Rural Functional Literacy Programme, the Supervisors

engaged under the said programme were absorbed as Secondary Grade

Teachers (now redesignated as Primary School Teachers). However, this

precedent is not applicable to the present case, as the applicants were

engaged only on a