Madras High Court
The State Represented By vs Https://Www.Mhc.Tn.Gov.In/Judis ( ... on 11 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD)Nos.35 & 36 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)Nos.35 & 36 of 2023
and
C.M.P(MD)Nos.383 & 385 of 2023
W.A(MD)No.35 of 2023:
1.The State represented by
The Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 009.
3.The Chief Educational Officer,
Kanyakumari at Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Kuzhithurai,
Kanyakumari District. ... Appellants /
Respondents
Vs.
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W.A(MD)Nos.35 & 36 of 2023
The Correspondent,
Christ the King High School,
Piracode,
Fatima Nagar,
Kanyakumar District – 629 160. ... Respondent /
Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
order dated 11.11.2021 made in W.P(MD)No.5592 of 2018 and allow the Writ
Appeal.
For Appellants : Mr.C.Venkatesh Kumar
Special Government Pleader
For Respondent : Mr.K.Ragatheesh Kumar
for M/s.Issac Chambers
W.A(MD)No.36 of 2023:
1.The State represented by
The Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai – 600 009.
3.The Chief Educational Officer,
Kanyakumari at Nagercoil,
Kanyakumari District.
4.The District Educational Officer,
Kuzhithurai,
Kanyakumari District. ... Appellants /
Respondents
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W.A(MD)Nos.35 & 36 of 2023
Vs.
The Correspondent,
Christ the King High School,
Piracode,
Fatima Nagar,
Kanyakumar District – 629 160. ... Respondent /
Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
order dated 11.11.2021 made in W.P(MD)No.5595 of 2018 and allow the Writ
Appeal.
For Appellants : Mr.C.Venkatesh Kumar
Special Government Pleader
For Respondent : Mr.K.Ragatheesh Kumar
for M/s.Issac Chambers
COMMON JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
The State is on appeal challenging the order dated 11.11.2021 allowing
W.P(MD)Nos.5592 and 5595 of 2018 filed by the Correspondent, Christ the
King High School, Piracode, Kanyakumari District. The school management
had appointed one Florance and Lalitha as Scavenger and Sweeper respectively
on part-time basis with effect from 01.06.2009. Since their appointments were
not approved, W.P(MD)Nos.5592 and 5595 of 2018 were filed for directing the
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W.A(MD)Nos.35 & 36 of 2023
District Educational Officer, Kuzhithurai to approve the appointments. The
said Writ Petitions were allowed by the learned single Judge in the following
terms:
“2.An order of staff fixation for the year 2009-2010,
dated 26.08.2009 reveals and establishes that the aforesaid
individuals have been employed in sanctioned posts. Pursuant
to their employment, the petitioner sought approval of their
appointments, which came to be rejected by an order passed
on 20.03.2012 by R4 returning the request for approval citing
G.O.Ms.No.115, School Education Department, dated
30.05.2007.
3.The aforesaid GO provided for the appointments of the
employees in various categories including scavengers and
sweepers on outsourced basis. Reference to this GO will not
come to the aid of the respondents, insofar as the said GO has
come to be considered and quashed by a learned Single Judge
of this Court in a batch of writ petitions in the case of Deva
Asir Vs. The Secretary to Government, School Education
Department and others [2016-3- L.W.152].
4.In the light of the aforesaid, there is no further
impediment to the grant of approval as sought for and a
direction is thus issued to R4/ District Educational Officer, to
approve the appointments of the individuals and disburse their
salary and other benefits as applicable to them, within a
period of eight weeks from the date of uploading of this order
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W.A(MD)Nos.35 & 36 of 2023
in the official website of this Court. The mandamus as sought
for stands achieved and these writ petitions are allowed. No
costs. Consequently, connected Miscellaneous Petitions are
closed.”
Challenging the same, these Writ Appeals have been filed.
2.The learned Special Government Pleader reiterated all the contentions
set out in the grounds of Writ Appeal and called upon us to set aside the order
of the learned single Judge.
3.We are not swayed by the said submissions. The learned counsel
appearing for the writ petitioner / School Management made available the staff
fixation order issued by the District Educational Officer, Kuzhithurai in the year
2009. It is seen therefrom that the department had sanctioned the post of
Scavenger and Sweeper on part-time basis. We are satisfied that the
appointments were made only against the sanctioned posts. We are conscious
that they are only part-time posts. It is seen that the proposals seeking approval
were returned by citing G.O(Ms)No.115 School Education (D2) Department
dated 30.05.2007. We take judicial notice of the fact that the said GO was
quashed in Deva Asir Vs The Secretary to Government, School Education
Department and others (2016-3-L.W.152) case. That is why the learned single
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W.A(MD)Nos.35 & 36 of 2023
Judge came to the conclusion that there is no longer any impediment for
granting approval. In that view of the matter, the Writ Petitions came to be
allowed. Interference with the said order is not warranted.
4.These Writ Appeals stand dismissed. There shall be no order as to
costs. Consequently, connected miscellaneous petitions are closed.
[G.R.S., J.] [K.R.S., J.]
11.06.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
To
The Correspondent,
Christ the King High School,
Piracode,
Fatima Nagar,
Kanyakumar District – 629 160.
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W.A(MD)Nos.35 & 36 of 2023
G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
W.A(MD)Nos.35 & 36 of 2023
11.06.2025
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