Madras High Court
The Director Of Elementary ... vs S.Kasthuri on 9 July, 2021
W.A.No.1474 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1474 of 2021
and
C.M.P.No.9357 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.
S.Kasthuri .. 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.6781 of 2009 and thereby allow the
above Writ Appeal.
***
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W.A.No.1474 of 2021
For Appellants : Mr.R.Neelagandan
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.6781 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 eph;thf
jPh;gg; hizaj;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; bgw;w
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W.A.No.1474 of 2021
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 ephz
; ak; 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
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W.A.No.1474 of 2021
be entitled to be treated as Primary School Headmaster
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 Headmistress of Elementary School
on 08.06.1966 and continued upto 30.09.1973 and thereafter, posted as
Secondary Grade Assistant on 01.10.1973 till 01.06.1988. Later, she was
promoted on 02.05.1991 as Headmistress of Elementary School and was
working there continuously till her 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
the learned Single Judge and this writ appeal is liable to be dismissed.
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W.A.No.1474 of 2021
Accordingly, the Writ Appeal is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
[P.S.N. J.] [K.R.J.]
09.07.2021
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.
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W.A.No.1474 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.1474 of 2021
and C.M.P.No.9357 of 2021
09.07.2021
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