Friday, 22 June 2018

High Court orders on spouse cases working other district vide 5261 Dt 20-06-2018

High Court orders on spouse cases working other district 

Based on the Hon'ble High Court Orders issued in Orders issued by the Hon'ble High Court in W.P. No.19059/ 2018, 19319/2018, 19333/2018 dated 12.6.2018. Orders issued by the Hon'ble High Court in W.P.No. 19647/2018 and 19489/2018 dated 14.6.2018. Orders issued by the Hon'ble High Court in W.P.No.19751/2018 and 19869/2018, 19911/2018 dated 15.6.2018.
Orders issued by the Hon'ble High Court in W.P.No.20187/2018, 20198/2018 dated 18.6.2018.  Orders issued by the Hon'ble High Court in  W.P.No.19542/2018 dated 19.6.2018. representations have been received by the Commissioner and Director of School Education/Government  in Education Department on  14.6.2018 and 15.6.2018 from the Teachers/H.Ms (details are appended as Annexure-I to this Memo).   

The Hon'ble High Court directed that these representations must be filed on or before 15.6.2018 and that the competent authority shall consider such requests and pass appropriate orders  there upon on or before 20.6.2018. Similarly, in the Orders issued in the references 3rd, 4th and 5th  cited, the Hon'ble High Court ordered that as the Petitioners mentioned  that they had already filed their representations,  the competent authority shall consider the same in terms of the orders passed as mentioned in the reference 1st and 2nd  cited.  
High Court orders on Spouse cases
The Hon'ble High Court ordered that the representations must be filed on or before 15.6.2018 and the competent authority shall consider and pass appropriate orders there upon before 20.6.2018. But, in these cases  (details appended as Annexure-II to this Memo) representations were not received by the C&DSE/Government before 15.6.2018.  Hence, these 20 cases cannot be considered as per the Hon'ble  Court directions.

The Government  have carefully examined the 27 representations received from the Writ Petitioners (names appended as Annexure-I to this Memo) and hereby dispose off these representations as follows:- 

For the SGTs/SAs/HMS of the Local Body  as per Service Rules,  District is the unit of appointment. Already in the transfer Rules issued by  the School Education Department vide G.O.Ms.No.16 School Education (Ser.II) Department dated 6.6.2018,  the benefit is provided to the spouse cases by giving extra '10 entitlement points' under ‘Special Entitlement’ points on spouse grounds, so that they can get the benefit of applying in the places,  during the transfers, which are close to the Office or school of the other spouse, but 'within'  the district  because district is their unit of appointment.  

The applicants  (Annexure –I) have  requested to consider their cases even if their spouses are working in 'other' districts also, based on  G.O.Ms.No.61 Finance (HRM.II) Department dated 24.5.2018 and clarification given on G.O.Ms.NO.61 vide Finance (HRM.I) Circular Memo No.2934-A/334/A1/HRM.I/2018 dated 02.06.2018.  But,  G.O.61  does not have the system of 'entitlement points'.  The School Education Department has been authorised by  G.O.Ms.No. 61 to formulate separate detailed Guidelines, based on which,  G.O.Ms.No.16 is issued by the School Education Department.  Even in G.O.61 when more than one employee opts for a particular place, 'priority' has to be given to husband and wife case (only one of the spouses) while effecting the transfers.  The same principle is followed in G.O.16 by giving 'entitlement points'.  

Even if a spouse is working in the 'other' district, ultimately the benefit of transfer can be given to the applicants 'within' the district only.  Moreover, as large number of teachers are involved in this Department, it can also amount to discrimination against the other class of teachers who are not availing these entitlement points under 'spouse category'.  This  provision of 'other district' consideration will confer double benefit to spouse category as already they get entitlement points 'within' the district and now they will get for 'other' districts also.



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