Madras High Court
The Secretary To Government vs K.Asuvathi on 22 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)NO.546 OF 2012
and
M.P(MD)No.1 of 2012
1.The Secretary to Government,
Personnel and Administrative Reforms and
Administrative Reforsm(M) Department,
Government of Tamil Nadu,
Chennai-9.
2.The Director of Elementary Education,
Chennai-6.
3.The District Elementary Education Officer,
Thanjavur. :AppellantsRespondents
.vs.
K.Asuvathi : Respondent/Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.304 of 2012, dated 03.04.2012.
For Appellants :Mrs.S.Srimathy
Special Govt.Pleader
For Respondent :Mr.D.Rameh Kumar
forM/s.S.Deenadhayalan
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2
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is directed against the order passed by this
Court in W.,P(MD)No.3804 of 2012,dated 03.04.2012.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.The Writ Petitioner was promoted as Graduate Teacher on
14.06.2008, as per G.O.Ms.No.180, Personnel and adminstrative
Reforms Department, dated 11.09.2000 on the ground that the
degree awarded by the Open University could be accepted for
appointment and promotion This was stalled pursuant to the
issuance of G.O.Ms.No.107, dated 18.8.2000, stating that any
degree obtained in an Open University without passing 10+2+3
pattern cannot be used for public appontment or for promotion. It
is later found that the Writ petitioner had passed 11th standard in
pre- unitersity system and then completed her graduation.
4.The Writ Petitioner was promoted as Headmaster of
Middle School on 16.09.2011 and posted at Municipal Middle
School at Thanjavur, however, the third respondent without
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noticing the facts that the Petitioner has completed her S.S.L.C
and diploma in Teacher Education and B.Lit decree through Open
University, which conferred equal status to the Open Unitersity
graduation, demoted the Petitioner to the level of Headmster of
Primary School. The said order was under challenge in the present
Writ Petition. Based on the said G.O.Ms.No.180, Personnal and
Adminstrarive Records Department, dated 18.8.2020, the learned
Single Judge had categorically held that those persons who were
promoted already cannot be reverted back and on the said reason,
the impugned order was quashed. The challenge is now made by
the authorities. The learned Special Government Pleader who
appeard for the appellants stated that the Writ Petitioner/Teacher
had attained the age of superannuation and received all her retiral
benefits as per the order of the learned Single Judge and as such,
nothing survives for further adjudication in this matter.
5.Accordingly, the Writ appeal is dismissed. No costs.
Conseqquently connected Miscellaneous Petition is dismised.
[P.S.N.,J.] & [S.K.,J.]
22.02.2021
Index:Yes/No
Internet:Yes/No
vsn
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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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PUSHPA SATHYANARAYANA J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.546 OF 2012
and
M.P(MD)No.1 of 2012
http://www.judis.nic.in
22.02.2021
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