Madras High Court
The Chief Educational Officer vs A.Glory on 12 June, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
W.A.(MD) No.1237 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD) No.1237 of 2025
and
C.M.P(MD) No.7643 of 2025
1. The Chief Educational Officer
Ramanathapuram,
Ramanathapuram District.
2. The District Educational Officer
Ramanathapuram,
Ramanathapuram District. ... Appellants
-vs-
1. A.Glory
2. Correspondent
St. Francis Higher Secondary School
C.K.Mangalam- 623 402.
Ramanathapuram District ... Respondents
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W.A.(MD) No.1237 of 2025
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 08.09.2022 in W.P(MD) No.3483 of 2021 on the file of this
Court.
For Appellants : Ms.P.B.Ahamed Yasmin Parvin
Government Advocate
JUDGMENT
[Judgment of the Court was made by A.D.JAGADISH CHANDIRA, J.]
This writ appeal is directed against the order of the learned
Single Judge, dated 08.09.2022 in W.P(MD) No.3483 of 2021.
2. The facts leading to the filing of the writ appeal are as follows:
The 2nd respondent school is a minority institution. One Mrs.S.Julias
Mary who worked as B.T Assistant in the said school, went on maternity
leave from 05.06.2018 till 01.03.2019. In the said leave vacancy, the 1st
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respondent/writ petitioner was appointed and she worked in the said
post for 270 days. When proposal was sent to the 1st appellant for
payment of salary to the 1st respondent for the abovesaid period, the same
was rejected. Challenging the same, the 1st respondent filed the writ
petition. The Writ Court finding that the 1st respondent worked even
before the date of G.O.Ms.No.165, dated 17.09.2019, as such the said G.O
cannot be retrospectively applied, allowed the writ petition quashing the
order impugned therein, with a direction to the appellants to approve the
appointment of the 1st respondent and to disburse salary for the abovesaid
period. As against the said order, the Education Department is on appeal.
3. The crux of the contention made by the learned Government
Advocate appearing for the appellants is that during the relevant
academic year, posts were rendered surplus in the 2nd respondent school.
Since the 2nd respondent school is coming under the corporate
management, the resulting maternity leave vacancy should have been
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filled up by re-deploying the surplus teachers. In this regard, the
appellants relied upon G.O.Ms.No.165, dated 17.09.2019.
4. Though the appellants relied upon G.O.Ms.No.165, dated
17.09.2019 regarding filling up of vacancies in the schools which come
under the corporate management, by re-deploying the surplus teachers in
the other schools under the same management, the said G.O was issued
pursuant to the judgment of this Court in W.A.No.76 of 2018, dated
09.04.2019, whereas, the 1st respondent has worked in the leave vacancy
for the period between 05.06.2018 and 01.03.2019, during which date
G.O.Ms.No.165, dated 17.09.2019 was not in force. As rightly held by the
Writ Court, the said G.O cannot be applied retrospectively and therefore,
the appellants are bound to approve the appointment of the 1 st respondent
and to disburse the salary for the abovesaid period. We do not find any
infirmity in the order passed by the Writ Court.
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5. Accordingly, the Writ Appeal stands dismissed. No costs.
Connected miscellaneous petition is closed.
[A.D.J.C., J.] [R.P., J.]
12.06.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Chief Educational Officer
Ramanathapuram,
Ramanathapuram District.
2. The District Educational Officer
Ramanathapuram,
Ramanathapuram District.
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A.D.JAGADISH CHANDIRA, J.
AND
R.POORNIMA, J.
bala
JUDGMENT MADE IN
DATED : 12.06.2025
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