Madras High Court
The Director Of Elementary ... vs M.Santhi on 20 April, 2023
W.A.(MD) No.434 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD) No.434 of 2023
and
C.M.P(MD) No.4656 of 2023
1.The Director of Elementary Education,
DPI Compound, College Road,
Chennai.
2.The District Elementary Educational Officer,
O/o. the District Elementary Educational Officer,
Collectorate Complex, Virudhunagar,
Virudhunagar District.
3.The Assistant Elementary Educational Officer,
O/o. the Assistant Elementary Educational Officer,
Reddiapatti, Thiruchuli Union,
Virudhunagar District. ... Appellants/
Respondents
-vs-
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Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.434 of 2023
M.Santhi,
Headmistress,
Thiruchuli Panchayat Union Middle School,
Errampatti, Kattankudi Post,
Virudhunagar District. ... Respondent/
Writ Petitioner
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,
dated 10.11.2022, passed in W.P.(MD) No.9598 of 2015, on the file of this Court.
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent : Mr.H.Mohammed Imran
for M/s.Ajmal Associates
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The challenge in the writ appeal is to the order of the learned Single
Judge dated 10.11.2022 in and by which the writ petition filed by the petitioner in
W.P.(MD) No.9598 of 2015 was allowed directing conferment of Selection Grade
to the petitioner in the cadre of Elementary School Headmaster.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.434 of 2023
2. The Writ Court has found that the petitioner was working as a
Primary School Headmaster was promoted as a Middle School Headmaster and
thereafter, reverted as a B.T.Assistant Tamil and again promoted as a Middle
School Headmaster and again reverted as a Primary School Headmaster and again
promoted as a Middle School Headmaster and again reverted as a Primary School
Headmaster and again promoted as a Middle School Headmaster on 22.12.2011.
All these promotions and reversions have taken place between the years 2007 and
2011. The Writ Court has specifically found that all these promotions and
reversions have been made because of want of vacancy, which is not fault of the
petitioner. If only the petitioner has not been wrongly promoted and rightly
reverted, she would have continued to function as a Primary School Headmaster
from 1998 to 22.12.2011. She would have been definitely entitled to Selection
Grade in the post of Primary School Headmaster. The Writ Court has granted the
said relief only. Hence, we do not find any reason to interfere with the order of
the Writ Court. The writ appeal fails and it is accordingly dismissed. The order of
the Writ Court shall be complied with on or before 31.05.2023.
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.434 of 2023
3. Post the matter under the caption “for reporting compliance” on
06.06.2023.
[R.S.M., J.] [L.V.G., J.]
20.04.2023
NCC : No
Index : No
Internet : Yes
PKN
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.434 of 2023
To:
1.The Director of Elementary Education,
DPI Compound, College Road,
Chennai.
2.The District Elementary Educational Officer,
O/o. the District Elementary Educational Officer,
Collectorate Complex, Virudhunagar,
Virudhunagar District.
3.The Assistant Elementary Educational Officer,
O/o. the Assistant Elementary Educational Officer,
Reddiapatti, Thiruchuli Union,
Virudhunagar District.
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.434 of 2023
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
PKN
W.A.(MD) No.434 of 2023
20.04.2023
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https://www.mhc.tn.gov.in/judis
