Madras High Court
The Director Of School Education vs M.Sivagami on 23 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) No.276 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.A.(MD) No.276 of 2020
and
C.M.P.(MD) No.1968 of 2020
1.The Director of School Education
DPI Campus, College Road
Chennai-6
2.The Chief Educational Officer
Ramanathapuram District
Ramanathapuram
3.The District Educational Officer
Mandapam Educational District
Mandapam, Ramanathapuram District
4.The Head Master
Government Higher Secondary School
Kannirajapuram, Ramanathapuram District ... Appellants
-vs-
M.Sivagami ... Respondent
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W.A.(MD) No.276 of 2020
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 26.11.2019, passed in W.P.(MD) No.24363 of 2019, on the file of
this Court.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondent : Ms.D.Meenalochini
for Mr.K.Gokul
JUDGMENT
[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]
The State has preferred the present writ appeal mainly on the
ground that extension of service was declined to the respondent on the ground
that surplus teachers are working in the same district.
2. Extension of service period is a concession and it cannot be
claimed as an absolute right by the teachers. Admittedly, the respondent was
allowed to retire from service on attaining her age of superannuation on
31.07.2019 and she was relieved from service. Her application seeking
extension of service period was rejected by the authority concerned on the
ground that surplus teachers are working in the same district and those
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teachers may be accommodated in the vacant post in order to ensure that
imparting of education to the children is not affected. Extension of service
period being a Scheme implemented by the Government for the benefit of the
students, the terms and conditions in this regard are to the followed
scrupulously and therefore, the respondent cannot claim extension of service
period as a matter of right. The Writ Court has not considered the scope of
the Scheme and the terms and conditions stipulated in the relevant
Government Orders. Therefore, the writ order is liable to be set aside.
3. Accordingly, this writ appeal is allowed and the writ order dated
26.11.2019, passed in W.P.(MD) No.24363 of 2019, is set aside. No costs.
Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [A.D.M.C., J.]
23.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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To:
1.The Director of School Education,
DPI Campus, College Road,
Chennai-6.
2.The Chief Educational Officer,
Ramanathapuram District,
Ramanathapuram.
3.The District Educational Officer,
Mandapam Educational District,
Mandapam, Ramanathapuram District.
4.The Head Master,
Government Higher Secondary School,
Kannirajapuram, Ramanathapuram District.
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S.M.SUBRAMANIAM, J.
and
DR.A.D.MARIA CLETE, J.
krk
and
23.06.2025
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