Madras High Court
S.Nirmalraj vs The Director Of Elementary ... on 26 October, 2021
W.P.No.22899 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE D : 26.10.2021
CORAM
The Hon'ble Mr. Justice C.SARAVANAN
Writ Petition No.22899 of 2021
(Through Video Conferencing)
S.Nirmalraj ... Petitioner
Vs.
1.The Director of Elementary Education,
College Road, Chennai – 6.
2.The Chief Educational Officer,
Perambalur District.
3.The District Educational Officer,
Paayralee, Perambalur District.
4.The Chairman,
TELC, Educational Board,
Post Box.86, Tranquebar House,
Tiruchirapalli – 620 001. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus directing the Respondents to grant Annual
increments, incentive increment for having acquired higher qualification,
surrender leave benefits and other attendant benefits in the post of
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secondary grade teacher w.e.f. 12.10.2011 (the date of approval) by taking
note of the facts that the Petitioner was appointed prior to the issuance of
G.O.Ms.No.181, School Education Department dated 15.11.2011.
For Petitioner : Mr.K.H.Ravikumar
For Respondents : Mr.L.S.M.Hasan Fizal
Government Advocate for R1 to R4
ORDER
The Petitioner was appointed by the 5th Respondent with effect
from 01.06.2011. After the Petitioner was appointed by the 5th Respondent,
the Government had issued orders in G.O.Ms.No.181, School Education
Department dated 15.11.2011, which made out mandatory for all the
teachers qualify in the Teacher Eligible Test(TET). In these circumstances,
the Petitioner filed a writ petition in W.P.No.5421 of 2014 which came to be
ordered on 13.06.2014. Thereafter, the Petitioner's appointment was
approved by the third Respondent on 03.12.2014. Though the Petitioner
continues to draw permanent salary, the Petitioner has not been paid
incentive increments and annual increments on the ground that the
Petitioner has not qualified in the TET.
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W.P.No.22899 of 2021
2. Appearing on behalf of the Respondents, the learned
Government Advocate submits that unless the Petitioner clears the TET
increment cannot be granted.
3. Heard the learned counsel for the Petitioner and the learned
Government Advocate appearing for the Respondents and perused the
materials available on record.
4. The Division Bench of this Court in Secretary to Government
vs. S.Jayalakshmi, 2016(4) L-W-841 had held minority institutions are
outside the purview of RTE Act, 2005. In the said judgment, the Division
Bench of this Court referred the decision of the Hon'ble Supreme Court in
Pramati Educational & Cultural Trust vs. Union of India, 2014 (8) SCC
1 has held that the minority institutions were also outside the purview of
TET and therefore the teachers employed in such minority institutions are
not required to qualify themselves in the Teacher Eligible Test(TET). This
Court has passed series of orders allowing the relief to the persons who had
approached the Court for similar relief in the light of the orders of the
Division Bench of this Court following the decision of the Hon'ble Supreme
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Court in Pramati case referred supra. Therefore, this writ petition is
deserves to be allowed.
5. This writ petition is therefore allowed by directing the
Respondents to pay the attendant benefits to the Petitioner within a period
of 12 weeks from the date of receipt of a copy of this order. No costs.
26.10.2021
Index : Yes/No
Internet : Yes/No
rrg
To
1.The Director of Elementary Education,
College Road, Chennai – 6.
2.The Chief Educational Officer,
Perambalur District.
3.The District Educational Officer,
Paayralee, Perambalur District.
4.The Chairman,
TELC, Educational Board,
Post Box.86, Tranquebar House,
Tiruchirapalli – 620 001.
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W.P.No.22899 of 2021
C.SARAVANAN J.,
rrg
W.P.No.22899 of 2021
26.10.2021
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