Madras High Court
Government Of Tamil Nadu vs M.Sumathi on 17 February, 2021
W.A.No.200 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.200 of 2021
1. Government of Tamil Nadu
rep. by Secretary to Government
School Education Department
Secretariat, Chennai 600 009.
2. The Director of Elementary Education
Nungambakkam
Chennai 600 006.
3. The District Elementary Educational Officer
Erode, Erode District.
4. The Additional Assistant Elementary
Educational Officer
Kodumudi, Erode District.
5. The Secretary
Kumaran Aided Middle School
Mosakkaraipalayam
Unjalur Post, Kodumudi Panchayat Union
Erode District. ... Appellants
Vs.
M.Sumathi ... Respondents
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
W.A.No.200 of 2021
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 08.06.2018 made in W.P.No.30046 of 2011.
For Appellants 1-4 : Mr.C.Munusamy
Spl. Govt. Pleader (Edn.)
For Respondent : Mr.L.Chandrakumar
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The legal issue raised by the appellants herein is as to the date
when the writ petitioner would be entitled to the service and monetary
benefits as a secondary grade handicrafts teacher in a government-
aided school.
2. There is no dispute that the writ petitioner joined the service
earlier, but she completed her training by February 6, 2006. By a
Government Order, G.O.3(D) No.41 dated May 12, 2010, a post of the
secondary grade teacher was created at the relevant school. The said
G.O. noticed that the writ petitioner had been serving as a part-time
__________
https://www.mhc.tn.gov.in/judis/
W.A.No.200 of 2021
handicrafts teacher and the G.O. required the post to be converted to
a full-time post.
3. Clause 4(iii) of the relevant memorandum provided as follows:
"(iii) The individual will be disbursed with all service benefits and
monetary benefits from the date of joining the service."
4. Though the writ petitioner joined the service prior to 2006,
she underwent the training which made her eligible to obtain the
position of handicrafts teacher by February 6, 2006. In such view of
the matter, it has been held in the judgment and order impugned
dated June 8, 2018 that the writ petitioner would be entitled to the
benefits in terms of the relevant G.O. immediately after February 6,
2006.
5. There is no infirmity in the order impugned and it is in
complete consonance with the letter and spirit of the relevant
government notification. The writ petitioner has been appropriately
found to be entitled to the service and monetary benefits immediately
upon the writ petitioner completing the training on February 6, 2006.
__________
https://www.mhc.tn.gov.in/judis/
W.A.No.200 of 2021
W.A.No.200 of 2021 is dismissed. There will be no order as to
costs. As a consequence, CMP No.921 of 2021 is closed.
(S.B., CJ.) (S.K.R., J.)
17.02.2021
Index : Yes/No
kpl
__________
https://www.mhc.tn.gov.in/judis/
W.A.No.200 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(kpl)
W.A.No.200 of 2021
17.02.2021
__________
https://www.mhc.tn.gov.in/judis/
