Madras High Court
T.Johnsy Thanga Bai vs The Director Of School Education on 13 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD)No.1501 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)No.1501 of 2025
and
C.M.P(MD)No.8717 of 2025
T.Johnsy Thanga Bai ... Appellant /
Petitioner
Vs.
1.The Director of School Education,
Chennai – 600 006.
2.The Joint Director of School Education,
(HSE) (In-charge),
Chennai – 600 006.
3.The Chief Educational Officer,
School Education Department,
Tirunelveli District.
4.The Headmistress,
Government Girls Higher Secondary School,
Sankarankovil,
Tirunelveli District. ... Respondents /
Respondents
1/8
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W.A(MD)No.1501 of 2025
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
order of this Court dated 21.03.2022 in W.P(MD)No.15135 of 2016 on the file
of this Court.
For Appellant : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For Respondents : Mr.C.Venkatesh Kumar
Special Government Pleader
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2.The appellant herein filed W.P(MD)No.15135 of 2016 seeking
determination of her seniority from the date of her original appointment and
also promotion to the post of PG Assistant (Commerce). The Writ Petition was
dismissed vide order dated 21.03.2022. Challenging the same, this Writ Appeal
has been filed.
3.The learned counsel appearing for the appellant reiterated all the
contentions set out in the grounds of appeal and called upon this Court to set
aside the impugned order and grant relief as prayed for.
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4.Per contra the learned Special Government Pleader submitted that
interference with the impugned order of the learned single Judge is not
warranted.
5.We carefully considered the rival contentions and went through the
materials on record.
6.The basic facts are not in dispute. The appellant was appointed as
junior grade BT Assistant on consolidated post on 08.09.2004 by TRB. Her
service was regularised on 22.08.2006. The appellant was appointed in
Chennai Corporation School. The appellant wanted to take part in the
counselling held in the year 2010 for the purpose of getting transfer to
Tirunelveli District. She was not permitted. Hence she filed W.P(MD)No.6776
of 2010 and this Court vide order dated 14.05.2010 permitted her to participate
in the counselling to be held on 19.05.2010. The appellant participated in the
counselling and she was transferred to Government Higher Secondary School,
Manjolai, Tirunelveli District at her own request. Since a substitute teacher
could not be found, she was not relieved from the Chennai Corporation School.
The appellant therefore filed one more writ petition in W.P(MD)No.10285 of
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2010. The Writ Petition was allowed vide order dated 30.08.2010 and the
petitioner was relieved from Chennai Corporation School and transferred to
Government Higher Secondary School, Manjolai. The petitioner joined in the
transferred place on 22.11.2011. In the year 2016, vacancies arose in the posts
of PG Assistant (Commerce). Since the writ petitioner's seniority was reckoned
with effect from 22.11.2011, her name was not included in the promotion panel.
Challenging her exclusion, W.P(MD)No.15315 of 2016 was filed. The Writ
Petition was dismissed by the learned single Judge in the following terms:
“7. The petitioner was transferred from Chennai
Municipal Corporation to the Government School based on
her own request. as per G.O.(1D)No.129, School Education
(E1) Department, dated 09.05.2013 and G.O.Ms.No.209,
School Education, dated 08.05.1997 stated supra, the
petitioner's seniority to the earlier unit of Chennai Municipal
Corporation is terminated. Therefore, her seniority is
maintained from 06.10.2010 onwards in the impugned
tentative transfer cum promotion list of B.T. Assistant to P.G.
Assistant. There are 128 persons and the respondents have
taken the seniority from the year 2009 onwards. Since the
petitioner's seniority is from 2010 onwards, the respondents
have not included the petitioner's name in the proceedings
Na.Ka.150616/W3/E2/2016, dated Nil.07.2016.
8. Whenever any transfer from one unit to another unit
is granted then the employee would be placed as junior most
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in the said unit. Likewise, whenever the employee is
transferred from one department to another department, then
also the employee would be placed as junior most in the said
new department. In the present the Corporation School is a
different set of schools and the Government Schools are
different set of schools. If any employee is seeking transfer
from Corporation School to Government School, then the
employee ought to forge the seniority maintained in the earlier
school. The petitioner was transferred from Corporation
School to Government School based on the Court’s order. Then
the petitioner was relieved from the Corporation School based
on the Court’s order. Now the petitioner is claiming promotion,
but the petitioner cannot claim promotion in a short cut
method. Therefore, this Court is of the considered opinion that
rightly the petitioner's name was not included in the said
tentative list, wherein in the list the persons who are having
seniority of 2009 or prior to 2009. The petitioner is eligible to
be considered for the next panel i.e. when the respondents are
considering the persons from 06.10.2010, onwards. The
petitioner's name may be considered from 2010 onwards are
not prior to 2010. Hence, the respondents are directed to
consider the petitioner's name taking the seniority as
06.10.2010. The said exercise shall be completed within a
period of four weeks.”
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7.We cannot accede to the request of the appellant for more than one
reason. The cause of action dates back to the year 2016. It is true that the
appellant filed the writ petition immediately thereafter. But the writ petition
was dismissed 21.03.2022. This Writ Appeal has been listed for admission only
today. Thus, there is a gap of more than three years and three months between
the dismissal of the writ petition and the admission of this writ appeal. During
these 10 years, much water would have flown under the bridge.
8.It is relevant to note that transfer of the writ petitioner from Chennai to
Manjolai took place at her own request. She was originally under the control of
Chennai corporation. She then moved to Education Department. When the
transfer was made at the request of the appellant, she has to necessary forego
the seniority that had accrued in her favour when she was working in the
Chennai Corporation School. It is on this basis, the learned single Judge non-
suited the petitioner.
9.There is yet another reason. It is well settled that a seniority list is
published every year. The appellant obviously knew that her seniority was
reckoned only from the date of joining in Manjolai Government Higher
Secondary School. If she had any grievance, she ought to have protested and
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filed the Writ Petition in the year 2012 itself. She chose to wake up only when
her name was excluded from the promotion panel. Thus the writ petitioner has
to be shown the door on the ground of laches also. We do not find any merit in
this Appeal.
10.This Writ Appeal stands dismissed. There shall be no order as to
costs. Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [K.R.S., J.]
13.06.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
To
1.The Director of School Education,
Chennai – 600 006.
2.The Joint Director of School Education,
(HSE) (In-charge),
Chennai – 600 006.
3.The Chief Educational Officer,
School Education Department,
Tirunelveli District.
4.The Headmistress,
Government Girls Higher Secondary School,
Sankarankovil, Tirunelveli District.
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G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
13.06.2025
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