Madras High Court
J.Maira Pushpa Daisy vs The Chief Educational Officer on 18 September, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.2748 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.2748 of 2024
and
W.M.P(MD) No.2753 of 2024
J.Maira Pushpa Daisy ... Petitioner
Vs.
1. The Chief Educational Officer,
Tirunelveli District.
2. The District Educational Officer,
(Secondary),
Tirunelveli District.
3. The Correspondent,
Child Jesus Girls Higher Secondary School,
Palayamkottai,
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
records pertaining to the order passed by the second respondent in his
proceedings in Na.Ka.No.2231/A3/2020, dated 22.02.2021 and quash the
same and direct the respondents to sanction the selection grade from
01.06.2022 and yearly increment from the year 2013 onwards with all
consequential benefits.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.2748 of 2024
For Petitioner : Mr.V.Panneer Selvam
For R1 and R2 : Mr.J.Ashok
Additional Government Pleader
ORDER
The instant writ petition has been filed by a B.T. Assistant (Tamil
Pandit) working in Aided Minority Institution, challenging the order passed
by the District Educational Officer, wherein the request of the petitioner for
disbursement of annual increment has been rejected on the ground that the
petitioner has not passed TET Examination.
2. 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
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
https://www.mhc.tn.gov.in/judis
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.
3. The Hon'ble Division Bench of this Court in W.A(MD) No.1228 of
2022, by judgment, dated 23.08.2024 has dismissed an appeal filed by the
Educational Authorities and directed the grant of appropriate increments and
allowances to the Teacher within a period of twelve weeks from the date of
receipt of a copy of the judgment.
4. In view of the above said judgments, the order impugned in the writ
petition is set aside and the respondents are directed to sanction the eligible
annual increments from the due date with all consequential benefits, within a
period of twelve weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
5. With the above said observations, this Writ Petition stands allowed.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petition stands closed.
18.09.2024
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Chief Educational Officer,
Tirunelveli District.
2. The District Educational Officer,
(Secondary),
Tirunelveli District.
3. The Correspondent,
Child Jesus Girls Higher Secondary School,
Palayamkottai,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
18.09.2024
https://www.mhc.tn.gov.in/judis
