The Director Of School Education vs S.Christabel Vimala ... 1St
2024 Latest Caselaw 19353 Mad

Madras High Court

The Director Of School Education vs S.Christabel Vimala ... 1St on 16 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                       W.A(MD)No.1858 of 2024
                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 16.10.2024

                                                 CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                              and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
                                     W.A(MD)No.1858 of 2024
                                              and
                                   C.M.P.(MD)No.14053 of 2024

              1.The Director of School Education,
               Directorate of School Education,
               DPI Compound, College Road,
               Chennai-6.

              2.The Chief Educational Officer,
               Office of the Chief Educational
                 Office, Nagercoil,
               Kanyakumari District.

              3.The District Educational Officer
                 (Elementary),
               Office of the District Educational
                 Office, Nagercoil,
               Kanyakumari District.                ... Appellants / Respondents 1 to 3

                                                    -vs-

              1.S.Christabel Vimala                 ... 1st Respondent/ Writ Petitioner

              2.Home Church Girls High School,
               Represented by its Correspondent,
               Nagercoil, Kanyakumari District. ... 2nd Respondent / 4th Respondent



              PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
              order dated 12.12.2023 in W.P.(MD)No.29303 of 2023.
                           For Appellants    : Mr.S.P.Maharajan,
                                               Special Government Pleader

                           For R-1           : Mr.C.Venkatesh Kumar,
                                               For M/s.Ajmal Associates
                ____________
https://www.mhc.tn.gov.in/judis
              Page 1 of 4
                                                                           W.A(MD)No.1858 of 2024
                                                JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The appeal is against the order of the writ Court directing approval of

the appointment of the 1st respondent as B.T.Assistant in Mathematics in

the 2nd respondent school.

2. The sole ground on which the approval was rejected was that, the

person in whose place the 1st respondent was appointed was a Secondary

Grade Teacher and therefore there is no automatic upgradation of the post.

This Court has repeatedly held that the effect of G.O.Ms.No.79, School

Education Department, is that all Secondary Grade teacher posts will

stand upgraded as B.T.Assistant wherever it is applicable.

3. Hence, we are unable to fault the Writ Court for having allowed

the writ petition. The Writ Appeal therefore fails and it is accordingly

dismissed. It is also stated that the approval for the appointment of the 1st

respondent has already been granted. There shall be no order as to costs.

Consequently, connected miscellaneous petition is closed.

                                                            [R.S.M., J.]            [L.V.G., J.]
                                                                      16.10.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Sml


                ____________

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

To

1.The Director of School Education, Directorate of School Education, DPI Compound, College Road, Chennai-6.

2.The Chief Educational Officer, Office of the Chief Educational Office, Nagercoil, Kanyakumari District.

3.The District Educational Officer (Elementary), Office of the District Educational Office, Nagercoil, Kanyakumari District.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Sml

16.10.2024

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