Madras High Court
J.John Marshal vs The Director Of School Education on 25 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.31303 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.31303 of 2024
and
W.M.P.No.33943 of 2024
J.John Marshal ... Petitioner
Vs.
1.The Director of School Education,
DPI Campus, College Road,
Chennai - 600 006.
2.The Chief Educational Officer,
The Office of the Chief Educational Officer,
Presidency Girls Higher Secondary School Campus,
E Spur Tank Road, Egmore,
Chennai - 600 008.
3.The District Educational Officer (Chennai South),
The Office of the District Educational Officer,
Saidapet, Chennai - 600 015.
4.The Correspondent,
Wesley Higher Secondary School,
Royapettah, Chennai - 600 014. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the third respondent to
regularize the appointment of the petitioner Mr.J.John Marshal, as
B.T.Assistant (Science) in the fourth respondent school with effect from
16.08.2017 with all service and monetary benefits.
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Writ Petition No.31303 of 2024
For Petitioner : Mr.A.Arul Mary
For Respondents : Mrs.S.Mythreya Chandru
Special Government Pleader [Edn.]
[R1 to R3]
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the third respondent to regularize the petitioner in
the post of B.T.Assistant (Science) in the fourth respondent school with
all service and attendant benefits.
2. Heard Mr.A.Arul Mary, learned counsel for petitioner and
Mrs.S.Mythreya Chandru, learned Special Government Pleader [Edn.],
appearing for respondents 1 to 3.
3. The case of the petitioner is that the fourth respondent is a
minority school. The petitioner was appointed as B.T.Assistant (Science)
with effect from 16.08.2017 in a vacancy that arose due to the promotion
of the incumbent. The proposal for appointment of the petitioner was
forwarded to the educational authorities with all the relevant documents.
The third respondent also approved the appointment of the petitioner
through proceedings dated 16.08.2017.
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Writ Petition No.31303 of 2024
4. The grievance of the petitioner is that when the third
respondent gave the approval, it was made subject to completion of TET
qualification. The petitioner was only receiving the initial salary that was
fixed seven years back and pay matrix of the petitioner was not altered
after the 7th pay commission. The fourth respondent has already sent the
proposal of annual salary increment in the year 2022. It was regularly re-
submitted. The proposal of annual increment is now pending before the
third respondent from 04.01.2022. Left with no other option, the present
writ petition has been filed before this Court.
5. Taking into consideration the facts and circumstances of the
case and also the materials that were placed before this Court and also
after taking into consideration the judgment of the Division Bench in
W.A.No.313 of 2022 etc. dated 14.06.2023, there shall be a direction to
the third respondent to deal with the file that has already been forwarded
by the fourth respondent school and pass necessary orders within a
period of six (6) weeks from the date of receipt of a copy of this order. It
is made clear that the third respondent will not insist for a TET
qualification and orders will be passed subject to the petitioner fulfilling
all the other requirements. If required, the order can be passed subject to
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Writ Petition No.31303 of 2024
N.ANAND VENKATESH, J
gm
the result of the Special Leave Petition that is pending before the Apex
Court.
This writ petition is disposed of with the above direction. No
costs. Consequently, connected miscellaneous petition is closed.
25.10.2024
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Principal Chief and Chief Engineer,
Public Works Department, WRD,
Chennai Region, Chepauk,
Chennai - 600 005.
2.The Superintending Engineer,
Public Works Department, WRD,
Vellar Basin Circle,
Cuddalore, Cuddalore District.
3.The Executive Engineer,
Public Works Department, WRD,
Vellar Basin Circle,
Virudhachalam, Cuddalore District.
https://www.mhc.tn.gov.in/judis
Writ Petition No.31303 of 2024
Writ Petition No.31303 of 2024
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