T.John Paul vs The Government Of Tamil Nadu
2024 Latest Caselaw 20389 Mad

Madras High Court

T.John Paul vs The Government Of Tamil Nadu on 28 October, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                         W.P.(MD).No.24456 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 28.10.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                             W.P(MD)No.24456 of 2024
                                                      and
                                            W.M.P(MD) No.20783 of 2024

                     T.John Paul
                     St. Joseph's Higher Secondary School,
                     Block No.5, Madurai Road,
                     Sivagangai – 630 561.                                    ... Petitioner
                                                        Vs.

                     1. The Government of Tamil Nadu,
                        Represented by its
                            Additional Chief Secretary,
                        Department of School Education,
                        Fort St.George, Chennai – 9.

                     2. The Director of School Education,
                        DPI Campus,
                        College Road,
                        Chennai – 6.

                     3. The Chief Educational Officer,
                        The Office of the Chief Educational Officer,
                        Sivagangai District.




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https://www.mhc.tn.gov.in/judis
                                                                             W.P.(MD).No.24456 of 2024



                     4. The District Educational Officer,
                           (Secondary),
                        The Office of the District Educational Officer,
                        Sivagangai District.

                     5. The Correspondent,
                        St. Joseph's Higher Secondary School,
                       Block No.5, Madurai Road,
                       Sivagangai – 630 561.                                    ... Respondents


                     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, pertaining to the impugned order dated 24.09.2024, in O.Mu.No.
                     5446/A5/2024, on the file of the fourth respondent and quash the same, in
                     respect of the condition that there is no provision to consider the proposal for
                     increment, because the petitioner has not qualified in TET, and direct the
                     respondents to allow the increment and incentive for the petitioner, Mr.T.John
                     Paul, B.T Assistant (Tamil) working in the fifth respondent, St. Joseph's
                     Higher Secondary School, w.e.f., 01.07.2013, with all service benefits.


                                        For Petitioners         : Mr.S.Savarimuthu
                                                                  for M/s.Father Xavier Associates

                                        For R1 to R4          : Mr.N.Satheesh Kumar
                                                                Additional Government Pleader




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                                                                               W.P.(MD).No.24456 of 2024


                                                           ORDER

The present Writ Petition has been filed by a B.T.Assistant (Tamil)

appointed in the fifth respondent School, challenging the order passed by the

fourth respondent, wherein the request of the fourth respondent for

conferment of annual increment has been rejected on the ground that the

petitioner has not passed TET examination.

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 pass in TET

examination is not mandatory for being appointed as a teacher in a Minority

Institution.

3. In view of the above said facts, the order impugned in the writ

petition is set aside and the fourth respondent is directed to release the

eligible annual increments of the petitioner within a period of twelve weeks

from the date of receipt of a copy of this order.

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

4. With the above said observations, this Writ Petition stands allowed.

There shall be no order as to costs. Consequently connected Miscellaneous

Petition stands closed.

                                                                                              28.10.2024

                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi


                     To

1. The Additional Chief Secretary, Department of School Education, Fort St.George, Chennai – 9.

2. The Director of School Education, DPI Campus, College Road, Chennai – 6.

3. The Chief Educational Officer, The Office of the Chief Educational Officer, Sivagangai District.

4. The District Educational Officer, (Secondary), The Office of the District Educational Officer, Sivagangai District.

5. The Correspondent, St. Joseph's Higher Secondary School, Block No.5, Madurai Road, Sivagangai – 630 561.

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

R.VIJAYAKUMAR,J.

ebsi

28.10.2024

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