The Chief Educational Officer vs M.Ayyarkalai ... 1St
2024 Latest Caselaw 17465 Mad

Madras High Court

The Chief Educational Officer vs M.Ayyarkalai ... 1St on 3 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                        W.A(MD)No.1506 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 03.09.2024

                                                 CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                       W.A(MD)No.1506 of 2024
                                                and
                                      C.M.P(MD)No.11697 of 2024

              1.The Chief Educational Officer,
                Pudukottai District.

              2.The District Educational Officer,
                Pudukottai, Pudukottai District.
                                                       ... Appellants/Respondents 1 & 2

                                                    -vs-

              1.M.Ayyarkalai                        ... 1st Respondent/Writ Petitioner

              2.The Secretary,
                M.CT.RM.Ramanathan Chettiar Higher Secondary School,
                Kulipirai Post,
                Pudukottai District.        ... 2nd Respondent/3rd respondent

              PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the

              order passed in W.P(MD)No.11416 of 2021 dated 28.07.2022.

                           For Appellants    : Mr.S.P.Maharajan,
                                               Special Government Pleader
                           For R-1           : Mr.V.Panneerselvam




                ____________
https://www.mhc.tn.gov.in/judis
              Page 1 of 4
                                                                           W.A(MD)No.1506 of 2024




                                                JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 28.07.2022

made in W.P(MD)No.11416 of 2021, the State is on appeal.

2. The issue involved in this writ appeal is covered by the decision of

this Court in T.Chitra Devi vs. Director of School Education

[W.A.No.392 of 2024, dated 07.02.2024]. The Division Bench had

clearly held that any person appointed as a Graduate Teacher or a

B.T.Assitant prior to 29.07.2011 can continue in service and receive

increments and incentives even if he or she does not possess or acquire

TET qualification. It is not in dispute that the first respondent in this writ

appeal was appointed prior to 29.07.2011. Hence, the judgment in

T.Chitra Devi's case is squarely apply to the present case.

3. In view of the same, this writ appeal is dismissed. No Costs.

Consequently, connected Miscellaneous Petition is closed.

                                                            [R.S.M., J.]            [L.V.G., J.]
                                                                      03.09.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet:Yes

                ____________

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

PM To:

1.The Chief Educational Officer, Pudukottai District.

2.The District Educational Officer, Pudukottai, Pudukottai District.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

03.09.2024

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