Translate

Thursday, October 27, 2011

WHAT IS 'TEACHERS BANK'?-GOVT.ORDER

                                            GOVERNMENT OF KERALA
                                                             Abstract
General Education Department- Scientific method of Appointment and
Deployment of Teachers in Aided Schools – Implementation of package as
recommended by the Committee headed by the Chief Secretary -- Orders
issued.
------------------------------------------------------------------------------------------------ ---------------------------------------
                                GENERAL EDUCATION (J) DEPARTMENT
G.O (P) No.199/2011/G.Edn Dated, Thiruvananthapuram, 01/10/2011
----------------------------------------------------------------------------------------------------------------------------------------
Read:-               1. G.O. (P) No. 100/2011/GEdn. dt.30.04.2011
                     2. G.O.(MS) No.174/2011/GEdn dated 12.08.2011
                     3. Letter No. H2/32920/2011 dated 26.09.2011 from the
                         Director of Public Instruction, Thiruvananthapuram.
                                                       ORDER
           The appointment of teachers in additional division vacancies were
restricted on various occasions and strict conditions were imposed by
Government from time to time regarding filling up of such vacancies. But in
aided schools, certain Managers have appointed teachers ignoring the
conditions issued in Government orders, which in turn, led to rejection of such
appointments by the educational officers, nonpayment of salary and filing of
several writ petitions by affected parties. As a result, the teachers are
constrained to pay much attention on getting their appointments approved,
rather than engaging in academic activities. The entire hierarchy of field level
officers namely, Assistant Educational Officers, District Educational Officers
and Deputy Directors of Education are engaged in examining staff fixation,
dispensing appeal petitions, approval of appointments, preparing reports and
statement of facts in W.Ps, W.As and SLPs. The time and effort for planning,
monitoring and coordinating academic activities and overall management of the
sector is thus spent on addressing such cases.
           2. The majority of the protected teachers (teachers appointed prior to
15-7-1997) retrenched from Aided schools are still continuing in other schools
and ironically majority of them stand deployed to Govt. Schools.                                                          This has
                                                                               2
resulted in curtailing recruitments through Public Service Commission. Even
though Govt. have issued various orders to accommodate them in the respective
Parent Schools, there are 2987 teachers yet to be accommodated. A number of
teachers are likely to be thrown out this academic year as a result of the one
day verification conducted in the ratio 45:1 and a number of teachers were
already retrenched during the period from 1997 to 2010.
       3. As per the judgment dated 19.01.2011 in Writ Appeal No.2679/2009
and ten other cases, the Hon’ble High Court has held that the entire students
community should get training in Physical Education, Art and Craft.
Government are duty bound to provide the service of Specialist Teachers to all
schools irrespective of the number of students in each school. Therefore the
Specialist Teachers are to be retained as a separate wing for suitable
deployment to all schools in the State as per the directions of the Hon’ble High
Court.
       4.Consistent with the Right of Children to Free and Compulsory
Education Act 2009 (RTE Act) Government made Kerala Right of Children to
Free and Compulsory Education Rules 2011 as per the G.O read as 1st paper
above.
        5. In the above background    the Government examined the matter in
detail and approved the comprehensive package in principle for introducing a
scientific method for Appointment and Deployment of Teachers in Aided
Schools, approval of appointment of excess teachers working without salary,
revision of Pupil Teacher Ratio (PTR) as per the norms in Right of Children to
Free and Compulsory Education Act 2009 (RTE norms), and the deployment of
protected teachers and that of Specialist Teachers, proposed by the Committee
headed by the Chief Secretary with Principal Secretary, Finance and Secretary
Education, as members. Government also appointed a sub committee consisting
of the Hon’ble Minister for Education (Convenor), Hon’ble Minister for
Agriculture, Animal Husbandry& Stationary, Hon’ble Minister for Revenue &
Vigilance, Hon'ble Minister for Water Resources Hon’ble Minister for Excise &
ports and Hon’ble Minister for Food & Civil Supplies and Registration for
                                                                                  3
discussion with the representatives of Managements and the Teachers
Organizations. They held detailed discussions with both teachers organizations
and management organizations and submitted recommendations for the
implementation of the package.
6. Government are pleased to approve the following recommendations:-
   A.    The appointment of 3389 teachers (Appendix I) working without
         salary in Aided Schools will be approved from the current academic
         year without waiting for decision in appeals or revision petitions, if
         any, pending before the appellate authorities on condition that
         Assistant Educational Officer /District Educational Officer /Deputy
         Director of Education concerned shall ensure that the above teachers
         included in the list are appointed against regular vacancies and are
         otherwise qualified. This process shall be completed within 15 days.
   B.    (i). For the academic year 2011-12 the staff fixation orders of 2010-11
         would be applicable and will be fixed as the sanctioned posts in each
         school.
         (ii). No filling up of posts of additional division shall be allowed after
         31.03.2011, except for posts which have hither to not been filled up
         though allowed in the staff fixation orders of 2010-11.
         (iii). Other than the proviso (ii) above, only those appointments made
         after 31/03/2011 in regular vacancies due to promotion, resignation,
         death or retirement of the teachers in the posts sanctioned as per the
         staff fixation orders of 2010-11 will be approved in the Academic Year
         2011-12.
         (iv). The inputs for Staff fixation reports for the year 2011-12, namely
         the number of students in each division shall be submitted accurately
         by the respective school Managers/Head Masters. If any variations
         are found later on verification with Unique Identity number (UID), the
                                                                               4
approval will be cancelled and coercive action pursued against the
Managers/ Headmasters.
(v). Those appointments made against the additional division
vacancies during the current academic year will be treated only as
daily wages and their approval will be considered only during the
academic year 2013-14. Details of such teachers shall be given from
the school in a prescribed Proforma to be specified by the Director of
Public Instruction during the month of October itself.
(vi). The additional divisions/posts will be worked out by the
respective   Assistant       Educational       Officers   /District  Educational
Officers on the basis of actual verified strength already determined
for 2011-12 or on the basis of revised strength to be submitted as in
(iv) above, whichever is lower.             Thereafter Assistant Educational
Officer /District Educational Officer            shall notionally re-arrange the
additional divisions/posts, if , eligible, reducing Pupil Teacher Ratio as
30:1 in classes up to IV standard and 35:1 in classes V to X. This ratio
will be applicable to language teachers also. No additional post for
2011-2012 will be allowed on the basis of this process since the posts
are worked out only on notional basis, except for rearranging teachers
a specified in(viii) (a), (viii) (b) and (viii) (c).
(vii). Each school will prepare a seniority list of claimants under
various categories awaiting appointment in schools, including teachers
thrown out during the period when protection benefit was not allowed
and will publish the same in the Education Department website on or
before 31.10.2011. Any claimant aggrieved by this can file an appeal
and the same shall be considered in school wise sittings by the
officers designated by Government and settled with verification of
school records. No appeal shall lie against this decision taken in the
presence of claimants, and managements. This process shall be
completed before 30th November 2011.
                                                                                5
     (viii). These posts/divisions, (identified notionally as in (vi) above) shall
              be filled up only in the following priority:-
     (a) from the list of Teachers working without salary. (3389) (Appendix
         I). These teachers shall be absorbed by the management which has
         appointed them itself. After absorbing such teachers the further
         appointments shall be as per viii (b) and (c) only.
     (b) At least one teacher from the Teachers Bank constituted as per
         para 6 C of this order in each school.
     (c) Claimants from the seniority list specified in para (vii) above.
(ix). In case a school /management has no teacher in category (viii) (a)
then they shall make appointments as in viii (b) and viii (c). As per the
provisions of RTE Act a head teacher will be allowed without class charge
in Lower Primary schools having students more than 150 and in Upper
Primary schools having students more than 100. However this provision
can be adopted only after incorporating 5th standard to Lower Primary
and 8th standard to Upper Primary.              This can be done only in the
academic year 2012-13.             As such the resultant vacancy in schools
because of this transition will also arise only in the next academic year.
The post thus arising will be filled up by deploying a teacher from the
Teachers Bank available in the respective district. Only if Teachers Bank
is not able to provide such a teacher the post would be available for being
filled up by the Manager. In such a case the post shall be filled up from
the claimants in the seniority list and if the list is also exhausted the post
shall be intimated to Government for inclusion in the notification specified
in para 7 of this order.
(x). For making appointments in viii (a), viii (b) and viii (c) above age limit
shall be relaxed. No appointment shall be made other than above, in any
type of vacancies including the short term leave vacancies. The balance
number of vacancies, if any in each school, after the above appointments
                                                                                6
       shall be furnished category wise to Government before 31st December
       2011.
       (xi). The Headmaster of the Aided Schools will be designated as the
       authority for the drawal and disbursement of salary of approved staff of
       the respective school. The prevailing system of counter signing the salary
       bill by the Educational Officers concerned shall be dispensed with. The
       Head Masters of each school shall use only "Spark" database for
       preparation of salary bills. This will come into effect as and when each
       school becomes SPARK enabled.
       C. Teachers Bank:-
       Government approve the proposal in the package for setting up of
'Teachers Bank' for managing the transition and introducing a scientific
method of recruitment for teachers in Aided sector. The objective and functions
of the Teachers Bank are given below.
       (i) The Teachers bank is a temporary arrangement for retaining excess
teachers for suitable deployment to schools and to ensure payment of their
salary without any hindrance. It consists of 3389 excess teachers now working
in the schools without salary, 2987 protected teachers (Appendix-II), working in
the school, majority of them in Government schools and 1700 teachers
retrenched from schools for the period from 1997 to 2010 for want of posts. The
main objective of the Bank is to ensure job and salary to the teachers included
in the Bank.     3389 teachers working without salary will be deemed to be
included in the bank. The appointment of these teachers will be approved with
effect from the current academic year and they will be deployed to their
respective schools. 2987 protected teachers working in various schools will be
treated as transferred to the Bank and they will be deployed to the parent
schools in the vacancies arising consequent on the promotion of Head teachers,
deployment to B.R.C trainers and reduction of teacher pupil ratio as specified in
para 6 B (vi) above. They will be permitted to receive salary from the schools
they are working as if now till they are deployed to the respective schools. The
                                                                                   7
list of 1700 retrenched teachers will be published by the Director of Public
Instruction for complaints if any in this regard and the Director of Public
Instruction will furnish final list of retrenched teachers to Government within
one month for inclusion in the Bank. The procedure for finalizing school wise
seniority list mentioned in para 6 B (vii) above shall be followed in the case of
retrenched teachers list as well. The retrenched teachers included in the Bank
will be deputed for training specified in para 15 of this order before deploying
them to the schools.
       (ii) In addition to permanent deployment of teachers, the Bank will
provide the services of teachers to schools for filling-up of leave vacancies. The
Managers of Aided Schools shall appoint teachers in leave vacancies only from
the list of district level teachers made available to them on request. They are
permitted to make appointments even to leave vacancies if the Bank cannot
provide list of teachers in the required subject within 48 hours after getting their
request for teachers. The formation of Teachers Bank will be mainly on the
basis of revenue districts.
       (iii) The Specialist Teachers now working in schools will be shifted to the
Bank permanently in accordance with the judgment of the Hon'ble High Court
dated.19-1-2011in WA No.2679/2009. The service of trained Specialist
Teachers will be made available to all schools in the state irrespective of the
number of students in each school, by pooling the Specialist Teachers in the
Teachers Bank with the part time Specialist Teachers to be positioned by Sarva
Siksha Abhiyan (SSA) as per Government of India guidelines for implementing
RTE Act. In future the appointment of Specialist Teachers will be made through
Kerala Public Service Commission and they will be retained in 'Teachers Bank'
for suitable deployment.
       (iv) The Director of Public Instruction will ensure that the teachers
included in the Teachers Bank are receiving pay and allowance in time without
any hindrance.
                                                                                8
7. The Director of Public Instructions is authorized to prepare and publish using
an IT enabled system whereby the actual number of vacancies that can be filled
up after exhausting the method of filling up of vacancies stipulated in Para6 B
(viii) above.   The remaining vacancy along with details with respect to each
school shall be notified like a Kerala Public Service Commission Notification.
This shall also be made available on a consolidated form.
8. The Manager concerned can appoint a suitable candidate against the above
notified vacancy. Once the appointment order is uploaded an online approval
will be accorded by Educational Officers concerned and the database of SPARK
will be updated accordingly. Sufficient publicity regarding the availability of
vacancies will be given by the Director of Public Instruction. The appointments
will be made only against notified vacancies in schools as stated in para 7. No
other appointments shall be valid or legal.
9. From year 2012-13 onwards one-day verification as stipulated in rule12,
Chapter XXIII Kerala Education Rules will be dispensed with provided there is
no request for additional division on the basis of the increase in the number of
students. For this UID of all the students in the schools seeking additional
division will be mandatory. In such cases fresh transfer Certificate and
admission details shall also be furnished along with the application. The
responsibility of this shall vest with the Head of the school concerned.
10. The Director of Public Instruction will develop and implement an IT enabled
system as per the requirement.
11. The first resultant vacancy that arises consequent on the implementation of
the package will be filled up from Teacher Bank itself.
12. Teachers Eligibility Test (TET) shall be made mandatory for the
appointments of all teachers in Lower Primary, Upper Primary and High
Schools. Orders amending the respective Rules/ Executive orders will be issued
separately.
                                                                                  9
13. An Audit Committee will be constituted in the state for evaluating the
performance of the teachers. The details with regard to its objectives, functions
will be issued separately.
.
14. The Director of Public Instruction will move for necessary additional
financial assistance sufficiently early and also for opening new sub Head of
Account, if necessary, to enable the Educational Officers concerned to draw and
disburse salary and other allowances of teachers in the Teachers Bank.
15. As part of implementation of package the teachers from Government and
aided schools will be deputed for training in a phased manner and substitute
arrangements will be made from Teachers Bank till the teachers re-join duty
after training.
16. The Deputy Director of Education are directed to          report vacancies that
arising in Government schools consequent on promotion of Head teachers,
reduction of pupil teacher ratio and the vacancies of protected teachers when
they are deployed to Teachers Bank, to Kerala Public Service Commission
without fail.
17. Necessary amendments to the Kerala Education Rules will be issued
separately.
                                                (By order of the Governor)
                                                     M.Sivasankar
                                                 Secretary to Government
To
       The Director of Public Instruction, Thiruvananthapuram
       All Deputy Directors of Education
       All District Educational Officers and Assistant Educational Officers
       The Principal Accountant General (Audit) Kerala, Thiruvananthapuram
       The Accountant General (A&E) Kerala, Thiruvananthapuram
       The Finance Department [vide U.O (F) 61497/Edn. A1/11/Fin. dated
                                                     05- 08-2011]
       The Director, Information & Public Relations Department.( for wide
       publicity)
       The Personnel and Administrative Department

No comments: