Madras High Court
State Of Tamil Nadu vs M. Umamaheswari on 29 September, 2021
W.A.No. 1927 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN
W.A. No. 1927 of 2021
&
C.M.P. No. 12488 of 2021
1. State of Tamil Nadu,
rep.by its Secretary to Government,
School Education Department,
Secretariat, Chennai – 9.
2. Director of School Education,
Chennai – 6.
3. Teachers Recruitment Board,
rep. by its Chairman,
Chennai -6. ..Appellants
Vs.
1. M. Umamaheswari
2. Headmaster,
Corporation Higher Secondary
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W.A.No. 1927 of 2021
School,
118, K.R.Koil Street,
West Mambalam,
Chennai – 600 033. ..Respondents
Prayer: Writ Appeal as against the order dated 08.03.2019 passed in
W.P. No. 26369 of 2009.
For Appellants :: Mr.K.V. Sajeev Kumar,
Govt. Counsel
For Respondents :: Mr.P. Ganesan for
M/s.C.S. Associates for R1
No appearance for R2
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J.)
The present writ appeal has been filed challenging the order dated
08.03.2019 passed in W.P. No. 28369 of 2009.
2. Before the learned Single Judge, it was conceded that the issue
was covered by the earlier order of this Court, which made the learned
Single Judge to pass an order on similar lines thereby extending the benefit
of G.O.Ms.No. 35 School Education Department dated 09.02.2007 to the
respondent/writ petitioner.
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W.A.No. 1927 of 2021
3. However, the learned Government Counsel for the appellants
would submit that the said Government Order is applicable only to Higher
Secondary Schools of Government and Aided Schools and not to
Corporation Schools. Further, he would submit that the Corporation of
Chennai, under whose control, the 2nd respondent school comes, was also
not made a party to the writ proceedings. He also brought to the notice of
this Court that there is yet another judgment dated 01.12.2020 of this Court
in W.A. No. 995 of 2020 wherein it was held that G.O.Ms. No.35 dated
09.02.2007 is applicable only to vocational instructors as per the
Government Order and that it applies only to Government Schools and
Government Aided Schools.
4. Whether the concession was made before the learned Single
Judge or not cannot be called in question in this writ appeal. Even
assuming such a concession had been made, whether it was an erroneous
concession or not is a matter to be decided only by the learned Single Judge,
S. VAIDYANATHAN,J.
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W.A.No. 1927 of 2021
AND
A.A. NAKKIRAN,J.
nv
who passed the impugned order and this Division Bench cannot go into the
genuinity of the statement now made across the bar. Hence, we are not
inclined to interfere with the order passed by the learned Single Judge and
the writ appeal stands dismissed. However, it is made clear that this order
will not preclude the appellants from preferring a review petition before the
learned Single Judge, if so advised. No costs. Connected C.M.P. is closed.
(S.V.N.J.) (A.A.N.J.)
nv 29.09.2021
W.A. No. 1927 of 2021
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