Madras High Court
The State Of Tamil Nadu vs M.Ruby on 1 February, 2022
W.A.No.1988/2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.02.2022
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD)No.1988 of 2021
and C.M.P.No.9065 of 2021
1. The State of Tamil Nadu
Rep. by its Secretary,
Department of School Education,
Fort St. George, Chennai-600 009.
2. The Director of School Education,
College Road, Chennai-600 006.
3. The Chief Educational Officer,
Chief Educational Office,
Nagercoil, Kanyakumari District.
4. The District Educational Officer,
District Educational Office,
Kuzhiturai, Kanyakumari District. .. Appellants/Respondents
Vs.
1. M.Ruby,
B.T. Assistant (Social Science),
Pius XI Higher Secondary School,
Thoothoor, Kanyakumari District. .. Respondent/Petitioner
2. The Correspondent,
Pius XI Higher Secondary School,
Thoothoor, Kanyakumari District. .. Respondent/Respondent
***
Prayer : Writ Appeal filed under Clause 15 of Letters Patent against the
order dated 19.09.2016 in W.P.(MD)No.17623 of 2016.
***
https://www.mhc.tn.gov.in/judis
Page 1/5
W.A.No.1988/2021
For Appellants : Mr.M.Siddharthan
Additional Government Pleader
For Respondents : Mr.S.C.Herald Singh for R1
Mr.A.Amala for R2
JUDGEMENT
PUSHPA SATHYANARAYANA, J.
This is an appeal filed by the Government challenging the order of
a learned Single Judge of this Court directing the fourth respondent in
the writ petition to approve the appointment of the first respondent
herein/writ petitioner as B.T. Assistant in the second respondent school
and to grant all service and monitory benefits with effect from the date of
her appointment and also to give arrears of pay within two months of the
date of receipt of the said order.
2. The second respondent School is a Government Aided
Minority School. The post of the Secondary Grade Teacher (SGT) fell
vacant due to the promotion of the then incumbent in the said School
and the first respondent/writ petitioner was appointed as SGT with effect
from 01.06.2012, who is fully qualified. The second respondent school
submitted a proposal to the fourth appellant herein requesting for
approval of her appointment and disburse grant-in-aid towards her
salary. It was returned for rectifying certain defects and the same was
https://www.mhc.tn.gov.in/judis
Page 2/5
W.A.No.1988/2021
represented on 11.08.2016. Questioning the said order, the writ
petitioner filed W.P.(MD)No.17623 of 2016, which was disposed of, on
19.09.2016 with certain directions to the appellants. The said order is
impugned before us.
3. The learned Single Judge had considered the submissions of the
leaned counsel for the respondent/writ petitioner and also the State
Government Counsel and disposed of the writ petitions.
4. A Division Bench of this Court in W.A.Nos.1102, 1105 and 1106
of 2020, relying upon the judgment dated 31.03.2021 made in W.A.
(MD)Nos.76 of 2019 etc. batch, (The Secretary to Government,
Government of Tamil Nadu, School Education Department V.
Iruthaya Amali, 2021 SCC OnLine Mad 1285), in which, the instant
issue has been dealt with extensively, vide order dated 24.06.2021, held
as follows :
"11. The said principle is squarely applicable to the
appellants Department as well. In view of the above settled position
and in the wake of decisions of the recent Division Bench judgment in
Iruthaya Amali's case, there is no infirmity or irregularity in the
common order of the learned Single Judge dated 12.06.2020 and it
does not warrant any interference.
12. For the foregoing reasons, the Writ Appeals are
dismissed and the order of the learned Single Judge is upheld. The
appellants are directed to comply with the directions issued by the
https://www.mhc.tn.gov.in/judis
Page 3/5
W.A.No.1988/2021
learned Single Judge within a period of eight weeks from the date of
receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petitions are closed."
5. Following the order dated 24.06.2021 made in W.A.Nos.1102,
1105 and 1106 of 2020, the Writ Appeal is dismissed and the order of
the learned Single Judge is upheld. The appellants are directed to comply
with the directions issued by the learned Single Judge within a period of
eight weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petition is closed.
(P.S.N., J.) (P.V., J.)
01.02.2022
Index : Yes / No
Internet: Yes
gg
To
1. The Secretary,
Department of School Education,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2. The Director of School Education,
College Road, Chennai-600 006.
3. The Chief Educational Officer,
Chief Educational Office,
Nagercoil, Kanyakumari District.
4. The District Educational Officer,
District Educational Office,
Kuzhiturai, Kanyakumari District.
https://www.mhc.tn.gov.in/judis
Page 4/5
W.A.No.1988/2021
PUSHPA SATHYANARAYANA, J.
AND
P.VELMURUGAN, J.
gg
W.A.(MD)No.1988 of 2021
01.02.2022
https://www.mhc.tn.gov.in/judis
Page 5/5
