Madras High Court
D.Martin Pricilla vs The Director Of School Education ... on 23 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.Nos.12217 & 12225 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition Nos.12217 & 12225 of 2024
and WMP Nos.13311 & 13316 of 2024
D.Martin Pricilla
D/o.A.Devadoss
BT Assistant (Mathematics)
Lourdu Annai Higher Secondary School
Kanakkankuppam
Ginee Taluk
Villupuram District. …. Petitioner
in WP.No.12217 of 2024
A.Jeberson
S/o.r.Anthoni Samy
BT Assistant (Science)
Lourdu Annai Higher Secondary School
Kanakkankuppam
Ginee Taluk
Villupuram District. …. Petitioner
in WP.No.12225 of 2024
-Vs-
1.The Director of School Education (Secondary)
DPI Campus
Chennai 600 006.
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W.P.Nos.12217 & 12225 of 2024
2.The Chief Educational Officer
Villupuram Taluk
Villupuram District.
3.District Educational Officer (Secondary)
Tindivanam and Taluk
Villupuram District.
4.The Correspondent
Lourdu Annai Higher Secondary School
Kanakkankuppam, Ginee Taluk
Villupuram District. .. Respondents
in WP.Nos.12217 & 12225 of 2024
Prayer in W.P.No.12217 of 2024 : Writ Petition under Article 226 of the
Constitution of India praying for the issuance of a Writ of Certiorarified
Mandamus calling for the records of the 2nd respondent in
Moo.Moo.No.6448/A3/2020 dated 31.12.2020 and quash the same so far as the
condition that permission for upgradation and conversion of the Secondary
Grade teacher post to the post of BT Assistant [Mathematics] is only with effect
from the date of issuance of the Proceedings dated 31.12.2020 and the
consequential impugned order in OO.Moo.No.4375/A1/2023 dated 12.09.2023
of the 3rd Respondent and quash the same, consequently direct the respondents to
grant approval to the appointment of the petitioner to the post of BT Assistants
[Mathematics] is only with effect from date of issuance of the proceedings i.e.,
31.12.2020 and consequently direct the respondents to grant approval to the
appointment of the petitioner to the post of BT Assistant [Mathematics] with
effect from 11.06.2018 by upgrading the post with effect from said date with all
service and monetary benefits.
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W.P.Nos.12217 & 12225 of 2024
Prayer in W.P.No.12225of 2024 : Writ Petition under Article 226 of the
Constitution of India praying for the issuance of a Writ of Certiorarified
Mandamus calling for the records of the 2nd respondent in
Moo.Moo.No.6447/A3/2020 dated 22.12.2020 and quash the same so far as the
condition that permission for upgradation and conversion of the Secondary
Grade teacher post to the post of BT Assistant [Science] is only with effect from
the date of issuance of the Proceedings dated 22.12.2020 and the consequential
impugned order in OO.Moo.No.4374/A1/2023 dated 11.09.2023 of the 3rd
Respondent and quash the same, consequently direct the respondents to grant
approval to the appointment of the petitioner to the post of BT Assistants
[Science] is only with effect from date of issuance of the proceedings i.e.,
22.12.2020 and consequently direct the respondents to grant approval to the
appointment of the petitioner to the post of BT Assistant [Mathematics] with
effect from 02.01.2019 by upgrading the post with effect from said date with all
service and monetary benefits.
For Petitioner : Mrs.Dhakshayini Reddy
(Both WPs) Senior Counsel
for Ms.S.Suneetha
For Respondents : Mrs.Mythreye Chandru
(Both WPs) Special Government Pleader [Edn.,]
for R1 to R3
No appearance for R4
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W.P.Nos.12217 & 12225 of 2024
COMMON ORDER
The issue involved in both these writ petitions are common and hence,
both the writ petitions are taken up together, heard and disposed of through this
common order.
2.The subject matter of challenge in WP.No.12217 of 2024 pertains to the
proceedings of the 2nd respondent dated 31.12.2020 insofar as the condition
imposed that permission for upgradation and conversion of the Secondary Grade
Teacher post to the post of BT. Assistant [Mathematics] is only with effect from
the date of issuance of the proceedings dated 31.12.2020 and the consequential
order dated 12.09.2023 passed by the 3rd respondent and for a direction to the
respondents to grant approval to the appointment of the petitioner to the post of
BT. Assistant [Mathematics] from the date of appointment with effect from
11.06.2018.
3.WP.No.12225 of 2024, has been filed to challenge the proceedings of
the 2nd respondent dated 22.12.2020 insofar as the condition imposed that
permission for upgradation and conversion of the Secondary Grade Teacher to
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W.P.Nos.12217 & 12225 of 2024
the post of BT. Assistant [Science] is only with effect from the date of issuance
of the proceedings dated 22.12.2020 and the consequential order dated
11.09.2023 passed by the 3rd respondents and for a direction to the respondents
to grant approval to the appointment of the petitioner to the post of BT. Assistant
[Science] from the date of appointment with effect from 02.01.2019.
4.The main grievance that has been expressed in both these writ petitions
is that the upgradation and conversion of Secondary Grade Teacher Post was
given effect only from the date of issuance of the proceedings and whereas it
should be given from the date of appointment of the petitioner to the post of B.T.
Assistant.
5.Counter affidavits have been filed in both the writ petitions. A stand has
been taken to the effect that as per the relevant Government Order, such approval
can be granted only from the date of order and not from the date of appointment.
6.The issue that is involved in both the writ petitions is squarely covered
by the judgment of the Division Bench of this Court in WA(MD).Nos.828 etc.,
dated 22.04.2016. The Division Bench has held that the approval must be
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W.P.Nos.12217 & 12225 of 2024
granted only from the date of appointment and not from a later date. While
passing this judgment, the Division Bench had taken into consideration the
earlier orders passed. The above order was also followed by a learned Single
Judge of this Court in WP(MD).No.17955 of 2023, dated 01.11.2023.
7.In view of the above judgments, the impugned proceedings of the
respondents is unsustainable and accordingly, the same is hereby quashed.
8.In the result, WP.No.12217 of 2024, is allowed and there shall be a
direction to the respondents to grant approval to the appointment of the petitioner
to the post of B.T. Assistant [Mathematics] from the date of appointment from
11.06.2018, with all service and monetary benefits. WP.No.112225 of 2024, is
allowed and there shall be a direction to the respondents to grant approval to the
appointment of the petitioner to the post of B.T. Assistant [Science] from the date
of appointment from 02.01.2019, with all service and monetary benefits. The
proceedings shall be issued in this regard by the 2nd respondent viz., the Chief
Educational Officer, within a period of six weeks from the date of receipt of copy
of the order. It goes without saying that the School in question is an aided
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W.P.Nos.12217 & 12225 of 2024
minority School and therefore, the respondents should not insist for TET
qualification.
9.Both the writ petitions are allowed accordingly. No costs.
Consequently, connected miscellaneous petitions are closed.
23.10.2024
Index : Yes/No
NCS : Yes/No
KP
To
1.The Director of School Education (Secondary)
DPI Campus
Chennai 600 006.
2.The Chief Educational Officer
Villupuram Taluk
Villupuram District.
3.District Educational Officer (Secondary)
Tindivanam and Taluk
Villupuram District.
4.The Correspondent
Lourdu Annai Higher Secondary School
Kanakkankuppam
Ginee Taluk
Villupuram District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.12217 & 12225 of 2024
N.ANAND VENKATESH, J.
KP
Writ Petition Nos.12217 & 12225 of 2024
23.10.2024
https://www.mhc.tn.gov.in/judis
