TMI Blog1979 (10) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... istrict Boards and, eventually, those managed by the latter were taken over by Government. We are not concerned with the teaching and non-teaching staff under the Panchayats and their service fortunes when fused into District Board service, except to notice that in integration, the date of entry into District Board service not the service under the Panchayat, was regarded as relevant for purposes of reckoning seniority. The next operation i.e. District Board staff, teaching and non- teaching being sewn into Government service is what now falls for consideration by the court. A few skeletal facts to unfold the basic legal contentions alone need be recounted. All District Board Schools were taken over with effect from 1-4-70 and, inevitably, the issue of merger of the staff confronted Government. At the time of issuance of G.O. No. 761 dated 16th May 1970, which organised the absorption of the teaching and non-teaching staff into Government services from the District Board service, Government decided to keep the personnel so absorbed as a separate service in the Educational Department named the Tamil Nadu Educational Subordinate Service. The ministerial service, which relate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Legislature also many honourable members have been repeatedly urging the Government to take quick and pragmatic decision on this long pending issue. After examining the matter in great detail taking into account the number of personnel of different categories in both the wings and the promotional opportunities for them, the Government have proposed to adopt a formula to integrate the two wings and attempt to equalise their service conditions to the extent possible. The Tamil Nadu Public Service Commission has given its consent to these proposals. The Government accordingly now direct, in partial modification of the orders in the G.O. Ms. referred to above, that the staff of 'A' and 'B' Wings be integrated with immediate effect following the procedure indicated below: (emphasis added) Then followed two important decisions setting the kismat of the two Wings at the teaching and the non-teaching staff levels. These decisions are castigated in the writ petitions as capricious, arbitrary and traumatic by the 'A' Wing, i.e. the teaching and non-teaching staff of the Government Schools. These two decisions are, briefly, (1) fixing the ratio between t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sources are brought together quota-rota expedients are practical devices familiar in the field. Bearing in mind the strength of the District Board staff to be inducted, the ratio is rational. Maybe, a better formula could be evolved, but the court cannot substitute its wisdom for Government's save to see that unreasonable perversity, mala fide manipulation, indefensible arbitrariness and like infirmities do not defile the equation for integration. We decline to demolish the order on this ground. Curial therapeutics can heal only the pathology of unconstitutionality, not every injury. The more serious charge is that length of service for fixing seniority has inflicted manifest injustice on the 'A' Wing i.e. regular Government staff, being born in arbitrariness and fed on mala fides. It is fair to state the generalities and then proceed to particularities. Here we must realise that all the schools having been taken over by the State directly the personnel had to be woven into the basic fabric. Some relevant formula had to be furnished for this purpose so that the homogenisation did not unfairly injure one group or the other. In 1970 Government chose not to integrate bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... romotions thereafter were to be made out of such combined lists. Some ameliorative provision regarding passing of tests necessary for promotion has been made in regard to those who have crossed the 45 years age mark. This last limb was relied on by Sri Swaminathan to suggest that there was no total integration between the two services. But we do not read any decisive indication of such a conclusion from this feeble circumstance. The crux of the matter is what is implicit but not explicit in the order, that in the process of integration and drawing up of combined seniority lists the services of the quondom District Board employees vis-a-vis the Government School employees District Board service has been reckoned. Can this be done by a prudent person or is it outrageous to equate District Board service with Government service ? That is the question an answer to which disposes of these writ petitions. We need not delve into details because, in the area of equation, an overall view, and not a meticulous dissection, matters. The petitioners have argued that the selection of Government servants as teachers or non-teachers is done by the Public Service Commission, which means screening ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... semble. In this background, the State probably assumed as inadmissible of contrary argument that the quality of the service, the nature of the qualifications for employment and other features were de facto identical and consequentially service in District Board Schools and service in Government Schools could be legitimately equated for purposes of reckoning seniority. In this imperfect world mathematical precision in equation is a vain chase. Decisions were cited before us by counsel for the respondents to show that this was not an exercise in novelty and even private college experience has been considered relevant when Government has taken over such colleges. On the contrary, counsel for the petitioners pressed before us that when Panchayat schools were dovetailed into the Education Department of the District Boards the teachers and the non-teaching staff thereunder were given no credit for panchayat service and seniority was reckoned only from the date of entry into District Board service. Why should a different rule be adopted when District Board teachers and non-teaching staff are brought into Government service ? Even the 'Fundamental Rules' were cited to show that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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