Mrs.Mangalarani vs The District Educational Officer
2024 Latest Caselaw 18713 Mad

Madras High Court

Mrs.Mangalarani vs The District Educational Officer on 23 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

    2024:MHC:3448



                                                                        W.A.(MD) No.1661 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.1661 of 2024

                    Mrs.Mangalarani                                            ... Appellant

                                                           Vs.

                    1.The District Educational Officer,
                      O/o. District Educational Officer,
                      Tirunelveli.

                    2.The Block Educational Officer,
                      Manur Range, Manur,
                      Tirunelveli.

                    3.T.D.T.A. Primary School,
                      Rep. through Correspondent,
                      Alagiapadiyapuram,
                      Manur Taluk,
                      Tirunelveli District.                                    ... Respondents

                    Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent, praying
                    to set aside the judgment dated 19.06.2024 made in W.P.(MD) No.23237
                    of 2023.
                                  For Appellant       : Mr.G.Thalaimuthurasu

                                  For R1 & R2         : Mr.S.P.Maharajan
                                                        Special Government Pleader

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https://www.mhc.tn.gov.in/judis
                    Page No. 1 of 4
                                                                        W.A.(MD) No.1661 of 2024


                                                   JUDGMENT

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

The appellant is aggrieved by the dismissal of the Writ Petition,

wherein the order refusing approval for the appointment of the appellant

as the Secondary Grade Teacher in the third respondent school was the

subject matter of challenge.

2. The Writ Court, having found that the very post itself was not

sanctioned, upheld the order refusing approval.

3. Heard Mr.G.Thalaimuthurasu, learned counsel for the appellant,

and Mr.S.P.Maharajan, learned Special Government Pleader for the first

and second respondents.

4. While conceding that the post is not sanctioned, the learned

counsel for the appellant submits that, because of the increase in student

strength, the school has appointed the appellant as a Secondary Grade

Teacher to cater to the needs of the students.

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

5. If there is any increase in student strength, the school will have to

seek re-fixation of staff strength and thereafter seek a sanctioned post.

Without doing so, the school cannot, straightaway, appoint a person to a

non-sanctioned post and seek approval for the appointment and payment

of salary. We, therefore, do not find any reason to interfere with the

impugned order of the Writ Court. This Writ Appeal fails. However, it

will be open to the third respondent Management to seek an increase in

staff strength and also to obtain sanction for the post.

6. In the result, this Writ Appeal is dismissed. No costs.

                                                                        R.S.M., J.        S.M., J.
                                                                               23.09.2024
                    Index: Yes
                    Neutral Citation: Yes
                    Non-Speaking Order

                    JEN

                    Copy to:

1.The District Educational Officer, O/o. District Educational Officer, Tirunelveli.

2.The Block Educational Officer, Manur Range, Manur, Tirunelveli.

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

R.SUBRAMANIAN, J.

AND SUNDER MOHAN, J.

JEN

23.09.2024

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