The Director Of School Education vs S.Sumathy
2023 Latest Caselaw 5420 Mad

                                                                  W.A(MD)No.696 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         DATED : 05.06.2023

                                               CORAM :

                          THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                         THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                      W.A(MD)No.696 of 2023
                                               and
                                     C.M.P(MD)No.6095 of 2023

                1. The Director of School Education,
                College Road, Chennai-600006.

                2. The Joint Director of
                School Education (Secondary Education),
                College Road, Chennai-600 006.

                3. The Chief Educational Officer,
                Thoothukudi District,
                Thoothukudi.

                4. The District Educational Officer,
                Thoothukudi District,
                Thoothukudi.                                       ... Appellants
                                                   vs.

                1. S.Sumathy

                2. The Secretary,
                V.V.D.Memorial Higher Secondary School,
                Arokiapuram, Thoothukudi,
                Thoothukudi District.                         ... Respondents

                     PRAYER : Appeal filed under Clause 15 of Letters Patent,
                against the order passed in W.P(MD)No.3038 of 2021 dated
                21.07.2022.

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                                                                            W.A(MD)No.696 of 2023


                                  For Appellant   : Mr.D.Sadiq Raja
                                                  Additional Government Pleader
                                  For R1          : Ms.A.Amala



                                                    JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

Aggrieved by the direction of the Writ Court to grant

incentive increment to the petitioner for the higher qualification that

has been acquired by the 1st respondents/writ petitioner, the State is

on appeal.

2. The Writ Court has only followed the Division Bench

judgment of this Court reported in (2015) 6 MLJ 315, Director of

Elementary Education, Chennai, vs. G.Vijayalakshmi, wherein,

it has been held that an aided school teacher is not required to get

permission for pursuing higher education.

3. The learned Additional Government Pleader appearing for

the appellants would submit that in connected matters, there has

been a stay granted by a Division Bench of this Court.

https://www.mhc.tn.gov.in/judis

W.A(MD)No.696 of 2023

4. We do not think that entertaining of the appeal in

connected matters would entail entertaining of this appeal also.

There is a very essential factual difference in the case on hand. The

petitioner joined the post graduation course in M.A. History on

19.09.2008 and she was appointed as B.T Assistant (History) only on

28.10.2008. Therefore, she was not in Government employment at

all at the time when she has joined the course. Therefore, the

question of her seeking permission to pursue higher studies does not

arise at all. If such factual distinction is noted, we do not think we

can fault the Writ Court for having allowed the writ petition.

5. The Writ Appeal fails and it is accordingly dismissed. No

costs. Connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 05.06.2023

Index : Yes / No Internet : Yes Neutral Citation : Yes / No bala

https://www.mhc.tn.gov.in/judis

W.A(MD)No.696 of 2023

To

1. The Director of School Education, College Road, Chennai-600006.

2. The Joint Director of School Education (Secondary Education), College Road, Chennai-600 006.

3. The Chief Educational Officer, Thoothukudi District, Thoothukudi.

4. The District Educational Officer, Thoothukudi District, Thoothukudi.

https://www.mhc.tn.gov.in/judis

W.A(MD)No.696 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN W.A(MD)No.696 of 2023 DATED : 05.06.2023

https://www.mhc.tn.gov.in/judis