Madras High Court
The Director Of Elementary ... vs C.Manoharan on 7 July, 2021
W.A.No.1555 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A.No.1555 of 2021 and C.M.P.No.9817 of 2021
(Heard through VC)
1. The Director of Elementary Education,
Chennai-6.
2. The District Elementary Educational Officer,
Cuddalore, Cuddalore District.
3. The Assistant Elementary Educational Officer,
Panruti, Cuddalore District. .. Appellants
Vs.
C.Manoharan .. Respondent
***
Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the
order dated 08.02.2019 made in W.P.No.6782 of 2009 and allow this writ
appeal.
***
Page 1/6
https://www.mhc.tn.gov.in/judis/
W.A.No.1555 of 2021
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.P.Ganesan
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is directed against the order dated 08.02.2019
passed by the learned Single Judge in W.P.No.6782 of 2009.
2. The learned State Government Counsel appearing for the
appellants has fairly submitted that the issue involved in this appeal has
already been decided by the Division Bench in W.A.Nos.125 and 697 of
2016. The claim made by the Writ Petitioner is based on the
G.O.Ms.No.202, School Education (G2) Department dated 24.09.2008,
which is as follows:
"4/ nkw;fz;l epiyapy; jkpH;ehL epht
; hf jPh;g;ghizaj;jpd;
Mizapd; mog;gilapy; bjhlf;ff; fy;tp ,af;Fehpd; fUj;JUit
muR ed;F ghprPyid bra;J 01/06/1988?f;F Kd; bjhlf;fg; gs;sp
jiyikahrphpauhf gzpg[hpe;j Mrphpah;fs; khWjy; bgw;wgpd;. khWjy;
Page 2/6
https://www.mhc.tn.gov.in/judis/
W.A.No.1555 of 2021
bgw;w xd;wpaj;jpy; mth;fs; ,ilepiy Mrphpauhf nrh;ej; pUe;jhYk;.
khWjy; bgw;w xd;wpaj;jpy; gzpapy; nrh;ej; ehs; Kjy; bjhlf;fg;gs;sp
jiyikahrphpauhf fUjg;gl ntz;Lk; vdt[k; ,f;nfhhpf;if
bjhlh;ghf ePjpkd;wj;jpy; tHf;F bjhlh;e;J Miz bgw;wth;fs; kw;Wk;
tHf;F bjhluhjth;fs; cl;gl midtUf;Fk; 01/06/1988?f;F Ke;ija
gzpf;fhyj;ij fzf;fpl;L. 5?tJ Cjpa FGtpd; ghpe;Jiuapd;
mog;gilapy; btspaplg;gl;l murhiz (epiy) vz;/666/ epjpj;Jiw.
ehs; 27/06/1989?d;go njh;te[ piy-rpwg;g[ epiy Cjpa eph;zak; bra;a
mDkjp mspj;Jk; muR MizapLfpwJ/"
However, the respondent had denied the same. The Writ Petition was filed
and the same was allowed.
3. In paragraph 7 of the above referred Writ Appeal, it is stated as
follows:
"7. The material portion of G.O.Ms. 202 School
Education (G2) Department dated 24.09.2008,
extracted above would show that any person who has
served as a Primary School Headmaster before
01.06.1988, who has been transferred as a Secondary
Grade Teacher, either before or after that date, would
be entitled to be treated as Primary School Headmaster
Page 3/6
https://www.mhc.tn.gov.in/judis/
W.A.No.1555 of 2021
and the benefits would be conferred on them
irrespective of the fact that they have not approached
the Court."
4. In this case also, it is not in dispute that the respondent was
initially appointed as Secondary Grade Assistant on 03.10.1966 and was
posted as Head Master of Elementary School from 03.10.1966. Again, he
was posted as Headmaster of Elementary School from 06.06.1969 and
continued upto 30.09.1973 and thereafter, posted as Secondary Grade
Assistant and continued till 01.06.1988. Once again, he was promoted on
07.09.1994 as Headmaster of Elementary School and was working there
continuously till his retirement. Therefore, in view of the above referred
G.O, the respondent/writ petitioner is entitled to the benefits, which has
been decided in several other cases and the benefits have also been extended
to them. Therefore, the order of the learned Single Judge is correct.
5. In the light of the order of the Division Bench and also in the
light of the above referred G.O, there is no infirmity in the order passed by
Page 4/6
https://www.mhc.tn.gov.in/judis/
W.A.No.1555 of 2021
the learned Single Judge and this writ appeal is liable to be dismissed.
Accordingly, the Writ Appeal is dismissed. No costs. Consequently,
C.M.P.is closed.
[P.S.N. J.] [S.K.J.]
07.07.2021
Index : Yes / No
Internet : Yes/No
srn
To
1. The Director of Elementary Education,
Chennai-6.
2. The District Elementary Educational Officer,
Cuddalore, Cuddalore District.
3. The Assistant Elementary Educational Officer,
Panruti, Cuddalore District.
Page 5/6
https://www.mhc.tn.gov.in/judis/
W.A.No.1555 of 2021
PUSHPA SATHYANARAYANA, J.
and
S.KANNAMMAL, J.
srn
W.A.No.1555 of 2021
and C.M.P.No.9817 of 2021
07.07.2021
Page 6/6
https://www.mhc.tn.gov.in/judis/
