A.Sahaya Leema Roslin vs The Chief Educational Officer
2024 Latest Caselaw 18054 Mad

Madras High Court

A.Sahaya Leema Roslin vs The Chief Educational Officer on 10 September, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                           W.P.(MD).No.20379 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 10.09.2024

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                               W.P(MD)No.20379 of 2024
                                                        and
                                              W.M.P(MD) No.17286 of 2024

                     A.Sahaya Leema Roslin,
                     B.T.Assistant English,
                     St.Theresa's Higher Secondary School,
                     Vadakankulam,
                     Tirunelveli District.                                       ... Petitioner
                                                        Vs.

                     1. The Chief Educational Officer,
                        Tirunelveli, Tirunelveli District.

                     2. The District Educational Officer,
                            (Secondary)
                        Tirunelveli, Tirunelveli District.

                     Previous office
                       Cheranmahadevi @ Tirunelveli,
                       Tirunelveli District.

                     3. The Correspondent,
                        St.Theresa's Higher Secondary School,
                        Vadakankulam,
                        Tirunelveli District.                                 ... 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

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                                                                                 W.P.(MD).No.20379 of 2024


                     records relating to the impugned proceeding issued by the second respondent
                     herein in Na.Ka.No.2938/Aa2/2017, dated 23.09.2017, quash the same and
                     further direct the respondents 1 and 2 herein to disburse the yearly increments
                     and all other attendant monetary benefits to the petitioner w.e.f., the date of
                     appointment i.e., 21.07.2017.


                                              For Petitioner       : Mr.A.Ajith Geethan
                                              For R1 and R2        : Mr.J.Ashok
                                                                     Additional Government Pleader

                                                            ORDER

The instant writ petition has been filed by a B.T.Assistant (English),

challenging the order dated 23.09.2017, wherein her appointment order was

approved, subject to the condition that except grant-in-aid for salary, she will

not entitle for other benefits.

2. The impugned order has been passed, on the ground that the

petitioner, having not passed in TET examination, would be eligible only to

receive the salary and not other benefits.

3. A Hon'ble Division Bench of this Court in W.A.No.313 of 2022 and

Batch cases, by a judgment, dated 02.06.2023, in Paragraph 71.1, has

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clarified, that, for being appointed as a teacher in a minority institution, a pass

in TET examination is not mandatory. Once the Hon'ble Division Bench has

held that a pass in TET examination is not mandatory for being appointed as a

teacher in a minority institution, it follows that the appointee would be

entitled to all other consequential benefits, including payment of annual

increments. Therefore, the order impugned in the writ petition is liable to be

set aside and the same is hereby set aside. The respondents 1 and 2 are

directed to confer the eligible annual increments to the writ petitioner within

a period of twelve weeks from the date of receipt or production of copy of

this order.

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

the extent as stated above. There shall be no order as to costs. Consequently,

the connected Miscellaneous Petition stands closed.

                                                                                                10.09.2024

                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi





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                     To
                     1. The Chief Educational Officer,
                        Tirunelveli, Tirunelveli District.

                     2. The District Educational Officer,
                            (Secondary)
                        Tirunelveli, Tirunelveli District.





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                                      R.VIJAYAKUMAR,J.

                                                          ebsi









                                                   10.09.2024






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