Madras High Court
D.Santhi vs The District Educational Officer on 23 September, 2021
W.P(MD). No.11753 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.(MD) No. 11753 of 2021
D.Santhi,
Secondary Grade Teacher,
M.E.L.I.M Primary School,
Ambalavanapuram,
Tirunelveli District. ... Petitioner
Vs.
1.The District Educational Officer,
Vallioor,
Tirunelveli District.
2.The Block Educational Officer,
Vallioor,
Tirunelveli District.
3.The Correspondent,
M.E.L.I.M Primary School,
Ambalavanapuram,
Tirunelveli Distrcit. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus, calling for the records relating
to impugned order in A.T.Mu.No 773/A1/2020 dated 28.12.2020 of the 2 nd
respondent herein and quash the same and consequently direct the respondents
1 and 2 herein to award annual increments, incentive, surrender leave benefits
and other attended benefits to the petitioner from the date of petitioner's
appointments namely 03.10.2017 with all attendant benefits including pay
fixation and allowance and pass such other and further orders as this Court.
For Petitioner : Mr.T.Pon Ramkumar
For Respondents : Mr.A.K.Manikkam,
Standing Counsel,
for respondents 1 and 2
1/6
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W.P(MD). No.11753 of 2021
ORDER
This Writ Petition has been filed for the issuance of a Writ of Certiorarified
Mandamus, calling for the records pertaining to the impugned order in
A.T.Mu.No 773/A1/2020 dated 28.12.2020, passed 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 Secondary Grade Teacher 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 Secondary Grade
Teacher, on 03.10.2017 in the third respondent school, which is a 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 28.12.2020, 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.
3. The learned counsel appearing for the petitioner submitted that in a
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W.P(MD). No.11753 of 2021
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 etc. 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
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
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W.P(MD). No.11753 of 2021
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.
7. Accordingly, the impugned order passed by the second respondent
dated 28.12.2020 is quashed and this Writ Petition is allowed. The respondents
are directed to award annual increments, incentive, surrender leave benefits and
other attendant benefits to the petitioner including pay fixation and allowance
from the date of his appointment viz., 03.10.2017, without insisting to pass in
Teacher Eligibility Test, subject to the outcome of any modification or any order
passed by the Court. No costs.
23.09.2021
Index : Yes/No
mnr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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W.P(MD). No.11753 of 2021
To
1.The District Educational Officer,
Vallioor,
Tirunelveli District.
2.The Block Educational Officer,
Vallioor,
Tirunelveli District.
3.The Correspondent,
M.E.L.I.M Primary School,
Ambalavanapuram,
Tirunelveli Distrcit.
https://www.mhc.tn.gov.in/judis/
W.P(MD). No.11753 of 2021
D.KRISHNAKUMAR, J.
mnr
W.P.(MD).No.11753 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
