Madras High Court
D.Shally Roselind vs The Chief Educational Officer on 23 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.23964 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.23964 of 2024
and
W.M.P(MD) No.20296 of 2024
D.Shally Roselind,
Secondary Grade Teacher,
St.Andrew's Higher Secondary School,
Koodankulam,
Tirunelveli District. ... Petitioner
Vs.
1. The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
2. The District Educational Officer,
(Secondary)
Tirunelveli,
Tirunelveli District.
3. The Correspondent,
St. Andrew's Higher Secondary School,
Koodankulam,
Tirunelveli District. ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.23964 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order in O.Mu.No.810/A2/2024, dated
26.07.2024 of the second respondent herein and quash the same and
consequently direct the respondents herein to award annual increments,
incentive, surrender leave benefits, selection grade pay an other attended
benefits to the petitioner from the date of petitioner's appointment w.e.f
07.11.2012 with all attendant benefits including pay fixation and allowance.
For Petitioner : Mr.T.Pon Ramkumar
For R1 and R2 : Mr.N.Satheesh Kumar
Additional Government Pleader
ORDER
The present Writ Petition has been filed by a Secondary Grade Teacher
working in the third respondent School, challenging the order passed by the
second respondent herein, wherein the request of the petitioner for grant of
annual increments have been rejected on various grounds including the
reason for not clearing TET examination.
https://www.mhc.tn.gov.in/judis
2. The Hon'ble Division Bench of our High Court in paragraph No.
74(c) of the judgment reported in 2023 (3) LW 112 (The Director of School
Education, D.P.I. Campus, College Road, Chennai -06 and two others Vs.
Velayutham and another) has categorically held that a pass in TET
examination is not mandatory for being appointed as teacher in a Minority
Institution. Therefore, a pass in TET examination is not required either for
appointment or for granting of annual increments to the writ petitioner.
3. As far as other reasons pointed out in the impugned order is
concerned, the Management is directed to furnish the copies of the documents
sought for by the educational authorities. The order impugned in the writ
petition is set aside and the matter is remitted back to the file of the second
respondent herein. The second respondent is directed to pass orders on merits
and in accordance with law, within a period of twelve weeks from the date of
receipt of a copy of this order.
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4. With the above said observations, this Writ Petition stands allowed.
There shall be no order as to costs. Consequently connected Miscellaneous
Petition is closed.
23.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
2. The District Educational Officer,
(Secondary)
Tirunelveli,
Tirunelveli District.
3. The Correspondent,
St. Andrew's Higher Secondary School,
Koodankulam,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
23.10.2024
https://www.mhc.tn.gov.in/judis
