Madras High Court
R.Gnanamani vs The Government Of Tamil Nadu on 9 June, 2023
W.P.(MD)Nos.8410 to 8415 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.06.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)Nos. 8410 to 8415 of 2016
W.P.(MD)No. 8410 of 2016
R.Gnanamani ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by its Secretary,
School Education Department,
Fort Saint George, Secretariat,
Chennai – 600 009.
2. The Director of Elementary Education,
D.P.I. Campus, College Road,
Nungambakkam,
Chennai – 600 006.
3. The District Elementary Education Officer,
Madurai District, Madurai.
4. The Assistant Elementary Education Officer,
Madurai North, Madeira.
5. Veeramamunivar Vidyasala Middle School,
Represented by its Correspondent,
No.2A, Kanagavel Colony,
Madurai – 625 001. ... Respondents
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.8410 to 8415 of 2016
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned order passed by the 3rd respondent in Na.Ka.No.2073/A5/2014,
dated 09.06.2014, quash the same and direct the respondents to award selection
Grade to the petitioner in the post of Secondary Grade Teacher by counting his
services from 11.02.1998.
In all the Writ Petitions:
For Petitioner : Mr.R.Subramanian
For Respondents : Mr.V.Om Prakash
Government Advocate
COMMON ORDER
The writ petitions in W.P.(MD)Nos.8410 of 2016, W.P.(MD)Nos.
8411 of 2016, W.P.(MD)Nos.8412 of 2016, W.P.(MD)Nos.8413 of 2016, W.P.
(MD)Nos. 8414 of 2016 and W.P.(MD)Nos.8415 of 2016 are filed to quash the
impugned order with consequential relief to grant Selection Grade by taking the
service from the date on which the petitioners were appointed in the post of
Secondary Grade Teacher with BT qualification. In the impugned order it has
been stated that the petitioners have completed Child Psychology only in the year
2003 and hence the petitioners are not entitled to calculate the service rendered
prior to 2003 for the purpose of granting selection grade.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.8410 to 8415 of 2016
2. This Court is of the considered opinion that the respondents are
absolutely right is declining the same, since these petitioners have completed
Child Psychology in the year 2003, hence seeking to count the service which was
rendered prior 2003 cannot be entertained. The claim of the petitioners is against
the judgment dated 02.04.2004 rendered in State VS Pallivasal Primary School
represented by its Correspondent reported in 2004 2 Law Weekly 591. In the
Pallivasal case the G.O. Ms. 155 School Education (D2) Department dated
03.10.2002 was upheld, wherein the said G.O. declines to calculate the service
rendered prior to 2003. Even though there are some judgments directing to
calculate the said service, subsequently the issue is settled in the judgment dated
21.03.2018 rendered by the Hon’ble Division Bench in W.A.(MD)Nos.74 of 2015
and 957 of 2016 in the case of the Director of Elementary Education Vs.
Sundaravel Raj, wherein this Court has held that the petitioners who have
completed child psychology in the year 2003 are entitled to all benefits from 2003
only. The prior service cannot be considered since the said teachers are not having
requisite qualification.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.8410 to 8415 of 2016
3. Since the issue involved in these Writ Petitions are one and the
same, all the writ petitions are taken up together and disposed of by a Common
order.
4. Today, when the matter is taken up for hearing, the learned counsel
appearing for the petitioners submitted that already the issue involved in these
writ petitions are settled and hence seeking permission to withdraw these writ
petitions. Since the issue is settled against the petitioners, on merits also the
petitioners are not entitled to any relief.
5. Accordingly, these Writ Petitions have no merits, hence the writ
petitions are dismissed on merits, hence the writ petitions are allowed to be
withdrawn. There shall be no order as to costs.
Index : Yes / No 09.06.2023
Internet : Yes
ksa
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.8410 to 8415 of 2016
To
1. The Secretary,
Government of Tamil Nadu,
School Education Department,
Fort Saint George, Secretariat,
Chennai – 600 009.
2. The Director of Elementary Education,
D.P.I. Campus,
College Road,
Nungambakkam,
Chennai – 600 006.
3. The District Elementary Education Officer,
Madurai District,
Madurai.
4. The Assistant Elementary Education Officer,
Madurai North,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.8410 to 8415 of 2016
S.SRIMATHY, J
ksa
Common Order made in
W.P.(MD)Nos.8410 to 8415 of 2016
09.06.2023
https://www.mhc.tn.gov.in/judis
