Madras High Court
Shenbagavalli vs The Chief Educational Officer on 30 October, 2023
W.A.(MD) No.1883 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.1883 of 2023
and C.M.P.(MD) No.14407 of 2023
Shenbagavalli ... Appellant/Writ Petitioner
-Vs.-
1.The Chief Educational Officer,
Thanjavur.
2.The District Elementary Education Officer,
Thanjavur District,
Thanjavur.
3.The Block Elementary Education Officer,
Kumbakonam,
Thanjavur District.
4.The Headmaster,
Srinagar Colony Government Aided School,
Kumbakonam,
Thanjavur District. ... Respondents/Respondents
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 24.04.2023 made in W.P.(MD)No.5468 of 2023
on the file of this Court.
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1883 of 2023
For Appellant : Mr.R.Suriyanarayanan
For Respondents : Mr.S.P.Maharajan,
Special Government Pleader
For R1 to R3
****
JUDGMENT
(Judgment of the Court was delivered by V.LAKSHMINARAYANAN, J.)
The appellant was appointed as a Secondary Grade Teacher on
22.08.1997 in the fourth respondent school. The appellant was
admittedly over qualified to hold the post. She did not obtain the
requisite qualification in Child Psychology Training till 03.06.2003.
However, calculating 10 years period for selection Grade from the date of
appointment i.e., 22.08.1997, the appellant was granted benefit on
11.12.2007. Therefore, the recovery order was passed on 24.02.2023 to
recover the excess amount paid from 11.12.2007 to 30.06.2015. This
order was challenged before the learned Single Judge and the learned
Single Judge has held that the appellant is not entitled for Selection
Grade for the period between 11.12.2007 and 01.06.2013 as the appellant
has not put in the qualifying service to obtain Selection Grade.
Challenging the same, the Writ Appeal has been filed.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1883 of 2023
2. As per the order of the Division Bench of this Court in
Secretary & Correspondent Uswathun Hasana Oriental (Arabic) Girls
Higher Secondary School Vs. State of Tamil Nadu reported in (2002)
WLR 173, the appointments of persons who are over qualified was
approved only from the date on which they obtain qualification in Child
Psychology Training.
3. The narration of the aforesaid facts would go to show that
the appellant obtained the Child Psychology Training qualification only
on 02.06.2003 and therefore, she would be entitled to get Selection
Grade only from 01.06.2013. However, she had enjoyed the benefits of
Selection Grade from 11.12.2007 itself, which is contrary to the position
of law laid down by the Division Bench.
4. Learned counsel for the appellant would submit that in any
event, she will be entitled to the benefit from 01.06.2013 and therefore,
the recovery order passed for the period beyond 01.06.2013 has to be set
aside.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1883 of 2023
5. A perusal of paragraph No.5 of the order on appeal clearly
shows that the learned Single Judge had directed the respondents to
confer Selection Grade benefits to the petitioner from 01.06.2013
onwards. In other words, the recover order has been sustained from the
period 11.12.2007 to 30.05.2013. Therefore, we do not find any reason to
differ from the view taken by the learned Single Judge as he has
appreciated the position correctly.
6. Therefore, the Writ Appeal is dismissed. The respondents are
directed to re-work the recovery as per paragraph 5 of the learned Single
Judge's order. No costs. Consequently, connected Civil Miscellaneous
Petition is closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 30.10.2023
Index :Yes/No
SJ
To
1.The Chief Educational Officer,
Thanjavur.
2.The District Elementary Education Officer,
Thanjavur District,
Thanjavur.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1883 of 2023
3.The Block Elementary Education Officer,
Kumbakonam,
Thanjavur District.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1883 of 2023
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) No.1883 of 2023
30.10.2023
https://www.mhc.tn.gov.in/judis
