The Joint Director Of Secondary Grade ... vs S.Beaula Jamine Jeyarani .. 1St
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Madras High Court

The Joint Director Of Secondary Grade ... vs S.Beaula Jamine Jeyarani .. 1St on 22 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                W.A.(MD)No.2075 of 2024

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 22.10.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                     AND
                                   THE HON'BLE MR.JUSTICE SUNDER MOHAN

                                            W.A.(MD)No.2075 of 2024
                                                     and
                                           C.M.P(MD)No.14752 of 2024

                 1.The Joint Director of Secondary Grade Education,
                 College Road, Chennai-6.

                 2.The Chief Educational Officer,
                 Tirunelveli,
                 Tirunelveli District.

                 3.The District Educational Officer,
                 Tirunelvei,
                 Tirunelveli District.                        .. Appellants/Respondents 1 to 3


                                                        Vs.

                 1. S.Beaula Jamine Jeyarani                  .. 1st respondent/Writ Petitioner

                 2.The Correspondent,
                 St.John's Higher Secondary School,
                 Palayamkottai,
                 Tirunelveli District.                        .. 2nd Respondent/ 4th Respondent



                 1/4

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                                                                                   W.A.(MD)No.2075 of 2024

                 PRAYER: Writ Appeal under Clause 15 of Letters Patent Act praying to set aside

                 the order dated 09.09.2022 made in W.P.(MD)No.15506 of 2021 by allowing this

                 appeal.

                                     For Appellants   : Mr.S.P.Maharajan
                                                      Special Government Pleader

                                     For Respondents : Mr.T.Pon Ram Kumar

                                                       JUDGMENT

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

We are unable to find fault the Writ Court for being allowed the writ

petition directing the approval of the appointment of the first respondent as BT

Assistant in Mathematics in the fourth respondent School with effect from the

date of her original appointment.

2. The fourth respondent having appointed the first respondent as

B.T.Assistant (Mathematics) with effect from 07.07.2014 sought for approval of

the post of conversion as per G.O.Ms.No.79, School Education Department dated

14.06.2002. The said approval was granted on 24.10.2017. Taking advantage of

the delay in granting approval for post conversion, the authorities chose to

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approve the appointment of the first respondent with effect from 24.10.2017. This

was the subject matter challenge in the writ petition. The Writ Court, taking note

of the consistent view of this Court that upgradation of the post of Secondary

Grade Teacher as B.T.Assistant under G.O.Ms.No.79 is automatic and it does not

require the permission of the authorities, held that the approval should have been

given with effect from 07.07.2014 and not from 24.10.2017. Challenging the

same, this writ appeal has been filed by the authorities.

3. This Court has consistently taken the view that the upgradation of the

post of Secondary Grade Teacher consequent upon G.O.Ms.No.79 dated

14.06.2002, is automatic and approval itself is superfluous. We do not find any

reason to differ from the said view. Accordingly, this Writ Appeal is dismissed.

The appellants will approve the appointment with effect from 07.07.2014 within a

period of eight weeks from today. No Costs. Consequently, connected

miscellaneous petition is closed.

                                                                       (R.S.M., J.) (S.M., J.)
                                                                             22.10.2024
                 NCC              : Yes/No
                 Index            : Yes / No
                 PJL




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                                     R.SUBRAMANIAN, J.
                                                 and
                                      SUNDER MOHAN, J

                                                          PJL









                                                 22.10.2024






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