1979 (10) TMI 233 - SC - Indian Laws

Supreme Court upholds Government Order on District Board staff integration, emphasizing rationality and flexibility.

The Supreme Court upheld Government Order (G.O. No. 1968) regarding the absorption and integration of District Board staff into Government service. The ... - Issues Involved:1. Absorption and integration of District Board staff into Government service.2. Promotional prospects and seniority determination for absorbed staff.3. Rationality and fairness of the Government Order (G.O. No. 1968).Issue-wise Detailed Analysis:1. Absorption and Integration of District Board Staff into Government Service:The Tamil Nadu Government absorbed District Board Schools into the public sector, resulting in the merger of teaching and non-teaching staff into Government service. Initially, the personnel from District Board Schools were kept as a separate service within the Tamil Nadu Educational Subordinate Service, leading to a lack of promotional prospects for the absorbed staff. This separation caused dissatisfaction and led to agitations and legislative representations. Eventually, the Government issued G.O. No. 1786 on October 17, 1974, to reconsider the integration of these services, resulting in the creation of 'A' Wing (Government Schools) and 'B' Wing (District Board Schools). Despite administrative difficulties, the Government aimed to integrate both wings while opening better promotional opportunities for the absorbed staff.2. Promotional Prospects and Seniority Determination for Absorbed Staff:The integration process involved fixing promotional ratios and determining common seniority. G.O. No. 1968 established a ratio of 5:3 for ministerial staff and 3:2 for teaching staff between the two wings. The Government justified this ratio based on the total numbers in each group, considering it a rational criterion for merging two streams. The Court acknowledged that integration in service jurisprudence is complex and some degree of flexibility must be allowed to the Government. The Court found no irrationality or arbitrariness in the promotional proportions and upheld the Government's decision.3. Rationality and Fairness of the Government Order (G.O. No. 1968):The primary contention was whether the length of service under the District Board should be considered for fixing seniority. The Court noted that the Government had consulted the Public Service Commission and considered the integration policy in detail. The decision to integrate and create a combined seniority list was based on a rational assessment of the situation, including the need to provide promotional opportunities to the absorbed staff. The Court found that the quality of service, qualifications, and nature of work were substantially similar between the two wings, justifying the integration policy. The Court also recognized that while some individuals might face hardships, the overall policy was not arbitrary or capricious.Conclusion:The Supreme Court held that the Government Order (G.O. No. 1968) was not violative of Articles 14 and 16 of the Constitution. The Court emphasized that administrative policies might evolve and change over time, and judicial intervention is warranted only in cases of clear unconstitutionality or irrationality. The petitions challenging the integration policy were dismissed, and each party was directed to bear its own costs.