Madras High Court
The State Of Tamilnadu vs N. Aruna Devi on 1 August, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.No.1300 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
W.A.No.1300 of 2022
and
C.M.P.Nos.8210 & 8213 of 2022
1. The State Of Tamilnadu,
Rep. by its Secretary to
School Education Department,
Secretariat, Fort St. George,
Chennai .
2. The Director Of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Chief Educational Officer,
Tiruppur District, Tiruppur.
4. The District Educational Officer,
Udumalpet, Udumalpet - 642126.
5. The Head Master,
Government Higher Secondary School,
Udukambalayam, Tirupur District,
Pincode - 642 207. ... Appellants
Vs.
N. Aruna Devi ... Respondent
https://www.mhc.tn.gov.in/judis
1/5
W.A.No.1300 of 2022
Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 20.11.2019 made in W.P.No.32268 of 2019 and
allow the Writ Appeal.
For Appellants : Mr.J.C.Durai Raj,
Additional Government Pleader
For Respondent : No Appearance
JUDGEMENT
(Judgement of the Court was delivered by S.M.Subramaniam J.)
The respondents in the writ petition are the appellants herein.
2. The writ petitioner was working as teacher in the Government
School. She attained superannuation during the middle of the academic
year 2019. Based on the G.O(Ms).No.1643 Education (E2) Department
dated 27.10.1988, she claimed re-employment for the balance of the
academic year. She has contended that she was fully qualified as per the
said G.O, but her request for re-employment has been rejected by the
Educational Authorities on various dates citing that there are surplus
teachers on the same subject in the districts. These orders of the
Educational Authorities were challenged before the learned Single Judge in
a batch of writ petitions.
https://www.mhc.tn.gov.in/judis
3. The issues raised in the present writ appeal were adjudicated by
a Division Bench of this Court in a batch of writ appeals in W.A.Nos.259
of 2020 batch cases, and a judgment was delivered on 10.12.2021.
4.In view of the fact that the case of the appellants is also similar to
that of the cases (cited supra), the case of the appellants is also to be
considered on the same line. Accordingly, the writ order dated 20.11.2019
made in W.P.No.32268 of 2019 is set aside and consequently, this writ
appeal stands allowed. No costs. Connected miscellaneous petitions are
closed.
(S.M.S.J.,) (C.K.J.,)
01.08.2024
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
(sha)
https://www.mhc.tn.gov.in/judis
To
1. The State Of Tamilnadu,
Rep. by its Secretary to
School Education Department,
Secretariat, Fort St. George,
Chennai .
2. The Director Of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Chief Educational Officer,
Tiruppur District, Tiruppur.
4. The District Educational Officer,
Udumalpet, Udumalpet - 642126.
5. The Head Master,
Government Higher Secondary School,
Udukambalayam, Tirupur District,
Pincode - 642 207.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
and
C.KUMARAPPAN, J.
(sha)
01.08.2024
https://www.mhc.tn.gov.in/judis
