Madras High Court
State Of Tamil Nadu vs P.Chellappa on 6 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.38 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)No.38 of 2023
and
C.M.P.(MD)No.413 of 2023
1.State of Tamil Nadu,
Represented by its Principal Secretary,
Department of School Education,
Fort St.George, Chennai - 9.
2.The Director of Elementary Education,
DPI Campus, College Road,
Chennai - 6.
3.The District Elementary Educational Officer,
Sivagangai, Sivagangai District.
4.The Assistant Elementary Educational Officer,
O/o. the Assistant Elementary Educational Officer,
S.Pudur - 630 410,
Sivagangai District. ... Appellants
Vs.
P.Chellappa ... Respondent
1/6
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W.A.(MD)No.38 of 2023
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.5482 of
2018 dated 22.07.2022 on the file of this Court.
For Appellants : Mr. C.Venkatesh Kumar,
Spl. Government Pleader
For Respondent : Mr.S.Rajasekar
JUDGMENT
Heard both sides.
2.This intra-court appeal has been filed by the State questioning
the order dated 22.07.2022 whereby the learned Single Judge allowed
W.P.(MD)No.5482 of 2018 filed by the respondent herein.
3.The only question that calls for consideration is whether the writ
petitioner would be entitled to selection grade in the post of
B.T.Assistant and if so, from which date.
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4.It is not in dispute that the writ petitioner was appointed as
Secondary Grade Teacher on 05.02.2007. He would have been entitled
to selection grade in the post of Secondary Grade Teacher on completion
of ten years service ie., on 04.02.2017. Fortunately, the writ petitioner
was promoted to the post of B.T. Assistant on 03.11.2014 itself. The
respondent could have been conferred with selection grade in the post of
B.T. Assistant only upon completion of ten years in the promoted post.
The service put in by him in the feeder grade cannot be reckoned for the
purpose of conferring selection grade in the promoted post. It is too well
settled a proposition. The learned Single Judge did not take note of this
aspect. The service put in by the employee in the feeder grade can be
taken into account for conferring selection grade in the promotion post,
only if the scales of pay are identical. In this case, the scale of pay
attached to the post of B.T.Assistant is higher than the scale of pay of
secondary grade teacher. Therefore, feeder grade service cannot be taken
into account for conferring selection grade in the promoted post.
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4.In this view of the matter, the order of the learned Single Judge is
set aside and the writ appeal is allowed. No costs. Consequently,
connected miscellaneous petition is closed.
(G.R.S. J.,) & (K.R.S. J.,)
06.06.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The Principal Secretary,
Department of School Education,
Fort St.George, Chennai - 9.
2.The Director of Elementary Education,
DPI Campus, College Road,
Chennai - 6.
3.The District Elementary Educational Officer,
Sivagangai, Sivagangai District.
4.The Assistant Elementary Educational Officer,
O/o. the Assistant Elementary Educational Officer,
S.Pudur - 630 410,
Sivagangai District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 02:44:22 pm )
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 02:44:22 pm )
G.R.SWAMINATHAN, J.
and
K.RAJASEKAR, J.
ias
06.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 02:44:22 pm )
