Madras High Court
R.Princess vs The Chief Educational Officer on 5 August, 2021
W.P.(MD) No.13375 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.08.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.13375 of 2021
and
W.M.P(MD)No.10340 of 2021
R.Princess ... Petitioner
Vs.
1.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The District Educational Officer,
Tirunelveli,
Tirunelveli District.
3.The Correspondent,
Mary Sargent Higher Secondary School for Girls,
Palayamkottai,
Tirunelveli District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for records relating to
impugned order in Na.Ka.No.3129/A3/2019, dated 17.07.2019 of the 2nd
respondent herein and quash the same and consequently direct the
1/8
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W.P.(MD) No.13375 of 2021
respondents 1 and 2 herein to award annual increments, incentive, surrender
leave benefits and other attended benefits to the petitioner from the date of
petitioner's appointment namely 15.11.2011 with all attendant benefits
including pay fixation and allowance.
For Petitioner : Mr. T.Pon Ramkumar
For Respondents : Mr. A.K.Manickam
Standing Counsel for R1 & R2
: Mr.G.Prabhu Rajadurai for R3
ORDER
This Writ Petition has been filed challenging the impugned order
passed by the second respondent and for a consequential direction to the
respondents 1 and 2 to award annual increments, incentive, surrender leave
benefits and other attended benefits to the petitioner from the date of
petitioner's appointment namely 15.11.2011 with all attendant benefits
including pay fixation and allowance.
2. According to the petitioner, he was appointed as B.T.Assistant, on
15.11.2011 in the third respondent school, which is a minority institution, in
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W.P.(MD) No.13375 of 2021
a sanctioned post. The third respondent school is a minority institution.
The third respondent school sent a proposal to the second respondent for
approval of appointment of the petitioner. The second respondent, vide
proceeding dated 31.07.2013, returned the proposal on the ground that the
petitioner has not passed the Teacher Eligibility Test. Aggrieved against the
said order, the petitioner has filed a Writ Petition in W.P.(MD)No.1286 of
2017 before this Court. This Court, by order dated 23.02.2017, following
the decision of the Hon'ble Supreme Court in W.A.(MD)No. 213 of 2016,
allowed the Writ Petition and directed the second respondent herein to
approve the appointment of the petitioner and release the salary grant from
the date of appointment and to pay the arrears of salary. Pursuant to the said
order, the second respondent vide proceedings dated 07.03.2017, approved
the appointment of the petitioner and released salary from the date of her
appointment. However, the respondents have not awarded annual
increments. Hence, the petitioner filed a writ petition in W.P.(MD)No.4857
of 2019 before this Court, seeking to award annual increments from the date
of her appointment. This Court, by order dated 22.03.2019, disposed of the
said Writ Petition, by directing the respondents to consider the petitioner's
representation and pass appropriate orders. However, to her shock and
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W.P.(MD) No.13375 of 2021
surprise, the second respondent, by the impugned proceeding dated
17.07.2019, refused to give annual increment on the ground that the
petitioner has not passed the Teacher Eligibility Test. Hence, the petitioner
has come out with the present Writ Petition, for the relief stated supra.
3. The learned counsel appearing for the petitioner submitted that in a
similar circumstances, a batch of Writ Petitions in W.P.(MD)No.16428 of
2018 was filed before this Court, seeking annual increments to the teachers
who are working in the minorities school without Teacher Eligiblity Test.
By order dated 26.07.2018, this Court allowed the said Writ Petition. As
against the said order, the respondents herein filed Writ Appeal in W.A.
(MD)No.1413 of 2019 and batch before this Court. This Court by order
dated 17.11.2019, dismissed the said Writ Appeals. Hence, following the
said judgment, the case of the petitioner is to be considered.
4. The learned Standing Counsel for the State appearing for the
respondents would submit that as against the judgment in W.A.(MD)No.
1413 of 2019, no further appeal has been preferred by the respondents.
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W.P.(MD) No.13375 of 2021
5. Heard the learned counsel appearing for the petitioner, the learned
Standing Counsel for the State appearing for the respondents 1 and 2 and
the learned counsel appearing for the third respondent and perused the
materials available on record.
6. On a perusal of the records, it is seen that, this Court in a similar
circumstances, by order dated 26.07.2018 in W.P.(MD)No.16428 of 2018,
directed the respondents to award annual increment to the teachers, who are
working in the minority institution, without passing Teacher Eligibility Test,
like petitioner. Further, both sides admitted that the aforesaid issue is now
under reference before the Hon'ble Supreme Court in the case of Aswini Vs.
Thenappan. Therefore, subject to the out come of the said case, the
petitioner cannot deny the relief as sought for by the petitioner. Hence, this
Court has no hesitation to quash the impugned order passed by the second
respondent.
7. Accordingly, the impugned order passed by the second respondent
dated 17.07.2019 is quashed and this Writ Petition is allowed. The
respondents are directed to award annual increments, incentive, surrender
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W.P.(MD) No.13375 of 2021
leave benefits and other attended benefits to the petitioner including pay
fixation and allowance from the date of his appointment viz., 15.11.2011
without insisting to pass in Teacher Eligibility Test. No costs.
Consequently, connected miscellaneous petition is closed.
05.08.2021
Index : Yes/No
Internet : Yes /No
vsm
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
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W.P.(MD) No.13375 of 2021
To
1.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The District Educational Officer,
Tirunelveli,
Tirunelveli District.
3.The Correspondent,
Mary Sargent Higher Secondary School for Girls,
Palayamkottai,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.13375 of 2021
D.KRISHNAKUMAR, J.
vsm
W.P.(MD) No.13375 of 2021
and
W.M.P(MD)No.10340 of 2021
05.08.2021
https://www.mhc.tn.gov.in/judis/
