Madras High Court
O.R. Alima Beevi vs The Chief Educational Officer on 8 September, 2021
WP(MD) No.16058 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
WP(MD) No.16058 of 2021
and
WMP(MD).No.12929 of 2021
O.R. Alima Beevi ... Petitioner
Vs.
1. The Chief Educational Officer,
Tenkasi District,
Tenkasi.
2. The District Educational Officer,
Tenkasi District,
Tenkasi.
3. The Correspondent,
Masood Thaika Higher Secondary School,
Kadayanallur,
Tenkasi District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
for the issuance of a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned return order in proceedings
A.Th.Mu.No.716/A1/18 dated 14.10.2019 issued by the second
respondent and quash the same in so far as seeking “Teacher Eligibility
Test” particulars of the petitioner, direct the third respondent to
resubmit the proposal for yearly annual increment to the petitioner for
the post of B.T. Assistant (Science) in the third respondent school and
consequently direct the second respondent to approve the proposal of
1/6
https://www.mhc.tn.gov.in/judis/
WP(MD) No.16058 of 2021
yearly annual increment to the petitioner with all monetary benefits
within the time frame.
For Petitioner : Mr. B. Prasanna Vinoth
For Respondents : Mr.A.K.Manikkam
Counsel for State
for R1 and R2
Mr. T.S. Mohammed Mohideen
for R3
ORDER
This Writ Petition has been filed for the issuance of a Writ of
Certiorarified Mandamus calling for the records pertaining to the
impugned return order in proceedings A.Th.Mu.No.716/A1/18 dated
14.10.2019 issued by the second respondent and quash the same in
so far as seeking “Teacher Eligibility Test” particulars of the petitioner,
direct the third respondent to resubmit the proposal for yearly annual
increment to the petitioner for the post of B.T. Assistant (Science) in
the third respondent school and consequently direct the second
respondent to approve the proposal of yearly annual increment to the
petitioner with all monetary benefits within the time frame.
2. According to the petitioner, she was appointed as
B.T.Assistant, on 01.12.2011 in the third respondent school, which is a
https://www.mhc.tn.gov.in/judis/
WP(MD) No.16058 of 2021
minority institution, in a sanctioned post. The third respondent school
sent a proposal to the second respondent for approval of appointment
of the petitioner. The second respondent, vide proceeding dated
14.10.2019, returned the proposal on the ground that the petitioner
has not passed the Teacher Eligibility Test. Aggrieved against the said
order, the petitioner has filed the present Writ Petition before this
court.
3. The learned counsel appearing for the petitioner submitted
that in a similar circumstances, a batch of Writ Petitions in W.P.
(MD)No.16428 of 2018 was filed before this Court, seeking annual
increments to the teachers who are working in the minorities school
without Teacher Eligiblity Test. By order dated 26.07.2018, this Court
allowed the said Writ Petition. As against the said order, the
respondents herein filed Writ Appeal in W.A.(MD)No.1413 of 2019 and
batch before this Court. This Court by order dated 17.11.2019,
dismissed the said Writ Appeals. Hence, following the said judgment,
the case of the petitioner is to be considered.
4. The learned Standing Counsel for the State appearing for the
https://www.mhc.tn.gov.in/judis/
WP(MD) No.16058 of 2021
respondents would submit that as against the judgment in W.A.
(MD)No.1413 of 2019, no further appeal has been preferred by the
respondents.
5. Heard the learned counsel appearing for the petitioner, the
learned Standing Counsel for the State appearing for the respondents
1 and 2 and the learned counsel appearing for the third respondent
and perused the materials available on record.
6. On a perusal of the records, it is seen that, this Court in a
similar circumstances, by order dated 26.07.2018 in W.P.(MD)No.
16428 of 2018, directed the respondents to award annual increment to
the teachers, who are working in the minority institution, without
passing Teacher Eligibility Test, like petitioner. Further, both sides
admitted that the aforesaid issue is now under reference before the
Hon'ble Supreme Court in the case of Aswini Vs. Thenappan.
Therefore, subject to the out come of the said case, the second
respondent cannot deny the relief as sought for by the petitioner.
Hence, this Court has no hesitation to quash the impugned order
passed by the second respondent.
https://www.mhc.tn.gov.in/judis/
WP(MD) No.16058 of 2021
7. Accordingly, the impugned order passed by the second
respondent dated 14.10.2019 is quashed and this Writ Petition is
allowed. The respondents are directed to award annual increments,
incentive, surrender leave benefits and other attended benefits to the
petitioner including pay fixation and allowance from the date of his
appointment viz., 01.12.2011, without insisting to pass in Teacher
Eligibility Test, subject to the outcome of any modification or any order
passed by this Court. No costs. Consequently, connected
miscellaneous petition is closed.
08.09.2021
Index : Yes/No
Internet : Yes /No
mnr
To
1. The Chief Educational Officer,
Tenkasi District,
Tenkasi.
2. The District Educational Officer,
Tenkasi District,
Tenkasi.
3. The Correspondent,
Masood Thaika Higher Secondary School,
Kadayanallur,
Tenkasi District.
https://www.mhc.tn.gov.in/judis/
WP(MD) No.16058 of 2021
D.KRISHNAKUMAR, J.
mnr
WP(MD) No.16058 of 2021
and
WMP(MD).No.12929 of 2021
08.09.2021
https://www.mhc.tn.gov.in/judis/
