Madras High Court
Government Of Tamil Nadu vs S.Kirubavathi on 23 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD) No.1601 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.09.2024
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
W.A.(MD) No.1601 of 2024
and
C.M.P.(MD) No.12491 of 2024
1.Government of Tamil Nadu,
Rep. by Secretary to Government,
Education Department, Secretariat,
Chennai - 600 009.
2.The Director of School Education,
College Road, Chennai - 600 006.
3.The Joint Director of School Education,
(Secondary Education), DPI Compound,
Chennai - 600 006.
4.The Chief Educational Officer,
Tirunelveli District - 627 009.
5.The District Education Officer (In-charge),
Tirunelveli, Tirunelveli District. ... Appellants
Vs.
1.S.Kirubavathi
W/o.I.Jebastine
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Page No. 1 of 5
W.A.(MD) No.1601 of 2024
2.The Correspondent,
Cathedral Higher Secondary School,
Palayamkottai,
Tirunelveli District - 627 002. ... Respondents
Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent, praying
to set aside the order dated 01.09.2022 made in W.P.(MD) No.14011 of
2022.
For Appellants : Mr.S.P.Maharajan
Special Government Pleader
For R1 : Mr.S.Gangai Amaran
for Mr.S.Veerapandi Selvaraj
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The State is on appeal aggrieved by the order of the Writ Court
dated 01.09.2022 made in W.P.(MD) No.14011 of 2022, in and by which
the Writ Court directed the State to approve the appointment of the first
respondent herein with effect from 16.07.2012, namely, the date of her
initial appointment.
2. The appellants had refused to recognize the appointment of the
first respondent as B.T. Assistant in the second respondent School vide an
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order dated 26.09.2016 on the ground that she obtained a dual decree by
undergoing a one-year course in Annamalai University, which is against
the Judgment made in R.Thirunavukkarasu Vs. The State of Tamil
Nadu, School Education, and others, reported in 2012 (5) CTC 129
[rendered on 14.08.2012].
3. The Writ Court allowed the Writ Petition after referring to a
Judgment of the Division Bench of this Court made in W.A.(MD) No.
1201 of 2017 [The State of Tamil Nadu and others Vs. The Secretary,
Maipparai High School], wherein the impact of the Judgment in
R.Thirunavukkarasu case referred to supra was considered by the
Division Bench and the Division Bench observed as follows:
“12. Undoubtedly, the legal position pursuant
to the decision of this Court in Thirunavukkarasu's
case (supra) is that a dual decree obtained by a
candidate, upon undergoing a course of the duration
of one year cannot be equated to a degree obtained
after undergoing a course of the duration of three
years.
13. Having said so, the decision in
Thirunavukkarasu's case has been rendered on
14.08.2012 and would apply only in respect of
appointments made thereafter. The application of the
ratio thereof is thus prospective. It certainly cannot
affect the appointment of Mrs.Meena made as early
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as on 08.03.2010, particularly since her service has
been utilized for more than eight years as on date and
six year as at the time of disposal of the writ petition.”
4. The Judgment in R.Thirunavukkarasu case referred to supra
was rendered on 14.08.2012. But the first respondent was appointed on
16.07.2012, i.e., before the Judgment in R.Thirunavukkarasu. Therefore,
the first respondent cannot be said to have suffered lack of qualification
on the date of her appointment.
5. In view of the same, this Writ Appeal fails and is accordingly
dismissed. No costs. Consequently, connected Miscellaneous Petition is
closed.
R.S.M., J. S.M., J.
23.09.2024
Index: No
Neutral Citation: No
Speaking Order
JEN
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R.SUBRAMANIAN, J.
AND
SUNDER MOHAN, J.
JEN
and
23.09.2024
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