The State Of Tamil Nadu, v. K.Thamizharasi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.No.13555 of 2023 1.
State of Tamil Nadu Rep. By its Secretary to Government of School Education Department Fort St.George Chennai-600 009.
2.
The Director of Elementary Education DPI Complex College Road, Chennai-600 006.
3.
The Chief Educational Officer O/o. The Chief Educational Office Nagapattinam, Nagapattinam District.
4.
The District Educational Officer O/o. The District Educational Office Nagapattinam, Nagapattinam District.
5.
The Block Educational Officer O/o. The Block Educational Office Thalanayar Page Nos.1/5
Nagapattinam District.
... Appellants vs.
K.Tamizharasi B.T. Assistant Panchayat Union Middle School Marachery, Talanayar Union Nagapattinam District.
... Respondent Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 08.03.2021 made in W.P.No.5258 of 2021 and allow this writ appeal.
For Appellants :
Dr.R.Gouri Government Counsel For Respondent :
No appearance *****
J U D G M E N T
[Made by S. M. SUBRAMANIAM, J.,] The State preferred the present writ appeal challenging the writ order dated 08.03.2021 in W.P.No.5258 of 2021. The writ Court passed an order stating that the case of the respondent / writ petitioner shall be considered depending upon the decision of the Division Bench in the matter of promotion to the post of Headmaster, Middle School. Page Nos.2/5
2. The learned Government Counsel would bring to the notice of this Court that, subsequent to the passing of the impugned order, the Division Bench of this Court decided the issue elaborately in W.A.No.107 of 2022, by judgment dated 11.07.2024 and held that Section 41 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 [hereinafter "said Act" for the sake of brevity] would not be applicable, since there are Special Rules governing the service conditions of the Teachers serving under the Elementary Education. The Special Rules for the Tamil Nadu Elementary Education Subordinate Service [hereinafter "Special Rules" for the sake of brevity] are to be pressed into service for granting promotion to the Middle School Headmasters.
3. It is needless to state that when the Special Rules are in force, general provisions would have no application. This being the legal position, the writ appeal filed in W.A.No.107 of 2022 was allowed on 11.07.2024 by Division Bench of this Court. At the outset, it is made clear by the Division Bench of this Court that the Special Rules applicable to the post of Middle School Headmasters are to be followed for granting promotion to the Teachers. It is contended that the respondent herein attained the age of superannuation and retired from service. Page Nos.3/5
4. That being the factum, the writ order impugned dated 08.03.2021 made in W.P.No.5258 of 2021 is set aside. The Writ Appeal stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
(S.M.S.,J.) (N.S.,J.) 12.06.2026 Index : Yes Speaking order mk Page Nos.4/5
S. M. SUBRAMANIAM, J., and N.SENTHILKUMAR, J., mk 12.06.2026 Page Nos.5/5