Madras High Court
Mrs.Sugi Premavathi vs The Commissioner Of School ... on 26 October, 2021
W.P.No.22754 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.22754 of 2021
and
W.M.P.Nos.23978 & 23979 of 2021
(Through Video Conferencing)
Mrs.Sugi Premavathi ... Petitioner
Vs.
1.The Commissioner of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Office of the Chief Educational Officer,
Chengalpattu, Chengalpattu District.
3.The District Educational Officer,
The Office of the District Educational Officer,
Kancheepuram, Kancheepuram District – 631 001.
4.The District Educational Officer,
The Office of the District Educational Officer,
St. Thomas Mount, Chromepet,
Chennai.
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Page No. 1 of 6
W.P.No.22754 of 2021
5.The Correspondent,
Anderson Higher Secondary School,
Kanchipuram – 631 501.
6.The Correspondent,
C.S.I. Corley Higher Secondary School,
13, MES Road, East Tambaram,
Chennai – 600 059. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Certiorarified Mandamus calling for the records
pertaining to the impugned order dated 02.09.2021 in
Na.Ka.No.0828/A2/2021 on the file of the third respondent and quash the
same, directing the respondents to grant service and monetary benefits to the
petitioner on par with regular teachers, in the light of the judgment of this
Hon'ble Court dated 24.08.2016, reported in (2016) 7 MLJ 155 Secretary to
Government vs. S.Jeyalakshmi.
For Petitioner : M/s.Father Xavier Associates
For Respondents :
For R1 to R4 : Mr.L.S.M.Hasan Fizal
Government Advocate
ORDER
Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on
behalf of the first to fourth respondents.
2. The petitioner was appointed in the fifth respondent School in the
year 2011. The third respondent by his proceedings dated 14.08.2015 has
granted approval to the appointment of the petitioner subject to the final
outcome of the order passed by this Court in Secretary to Government and
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W.P.No.22754 of 2021
others Vs S.Jeyalakshmi and another, (2016) 7 MLJ 155 which came to be
disposed by an order dated 24.08.2016. Thereafter, the petitioner was
transferred from the fifth respondent School to the sixth respondent School
which is within the jurisdiction of the fourth respondent herein.
3. By the impugned order dated 02.09.2021, the fourth respondent has
asked the petitioner to approach the third respondent for sanctioning of the
incentives/increments as the petitioner was appointed with the fifth
respondent School under the jurisdiction of the third respondent.
4. This Writ Petition is being disposed at the time of admission in the
light of the fact that under a similar circumstances, by an order dated
21.10.2021 in W.P.No.22382 of 2021, the relief has been granted to a teacher
who was transferred from one School to another under the corporate
management. There is no justification in not granting incentives/increments
to the petitioner if the petitioner was otherwise eligible for the same merely
on the ground that the petitioner was originally approved by the third
respondent but subsequently transferred within the jurisdiction of the fourth
respondent. Both the third respondent and the fourth respondents are part of
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W.P.No.22754 of 2021
the same Government establishment and function under the functioning
under the jurisdiction of the first respondent.
5. Considering the same and in view of the order passed in
W.P.No.22382 of 2021 dated 21.10.2021, this Writ Petition is allowed with
consequential relief to the petitioner. The third and fourth respondents are
directed to implement the order within a period of eight weeks from the date
of receipt of a copy of this order.
6. In any event, the petitioner may additionally is directed to file
suitable representation along with a copy of this order through the sixth
respondent along with the other documents within a period of four weeks
from the date of receipt of a copy of this order. No costs. Consequently,
connected Writ Miscellaneous Petitions are closed.
26.10.2021
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
arb
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https://www.mhc.tn.gov.in/judis
W.P.No.22754 of 2021
To
1.The Commissioner of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Office of the Chief Educational Officer,
Chengalpattu, Chengalpattu District.
3.The District Educational Officer,
The Office of the District Educational Officer,
Kancheepuram, Kancheepuram District – 631 001.
4.The District Educational Officer,
The Office of the District Educational Officer,
St. Thomas Mount, Chromepet,
Chennai.
5.The Correspondent,
Anderson Higher Secondary School,
Kanchipuram – 631 501.
6.The Correspondent,
C.S.I. Corley Higher Secondary School,
13, MES Road, East Tambaram,
Chennai – 600 059.
____________
https://www.mhc.tn.gov.in/judis
W.P.No.22754 of 2021
C.SARAVANAN, J.
arb
W.P.No.22754 of 2021
and
W.M.P.Nos.23978 & 23979 of 2021
26.10.2021
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https://www.mhc.tn.gov.in/judis
