K.Palavesam v. The Director Of Elementary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.Nos.7792 & 7795 of 2025 K.Palavesam .. Petitioner in W.P.No.7792 of 2025 S.Daniel Rajasekar .. Petitioner in W.P.No.7795 of 2025 Vs.
1.The Director of Elementary Education, Chennai - 600 006.
2.The District Educational Officer (Elementary Education) Pollachi, Coimbatore District - 642 001.
3.The Block Educational Officer, Valparai, 642 127, Coimbatore District.
4.The Secretary, Karamalai Group School Committee, Karamalai Post - 642130, Valparai, T.K., Coimbatore District.
.. Respondents in both WPs.
Prayer in W.P.No.7792 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the order passed by the 4th respondent in his proceedings letter No.89/Teacher/2024 dated 07.02.2025 and to quash the same and direct the respondents to provide benefits as
annual increment from the date of appointment and selection grade from 2021 and confer all the other consequential benefits. Prayer in W.P.No.7795 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records pertaining to the order passed by the 4th respondent in his proceedings letter No.90/Teacher/2024 dated 07.02.2025 and to quash the same and direct the respondents to provide benefits as annual increment from the date of appointment and selection grade from 2021 and confer all the other consequential benefits. For Petitioner .. Mr.P.Ganesan, in both WPs For R1 to R3 .. Mr.S.Mythreye Chandru, SGP in both WPs.
For R4 .. Mr.N.Manoharan in both WPs.
COMMON ORDER These Writ Petitions have been filed in the nature of a Certiorarified Mandamus seeking records relating to an order passed by the 4th respondent in proceedings Letter Nos.89/Teacher/2024 dated 07.02.2025 and 90/Teacher/2024 dated 07.02.2025 and to quash the same and direct the respondents to provide benefits as annual increment from the date of
appointment and selection grade from 2021 and all other consequential benefits.
2.The Court will have to be little cautious in examining the facts of the case since, the District Educational Officer, Elementary Education, Pollachi, had initiated proceedings by an order dated 06.10.2023 and disciplinary proceedings were also initiated and final orders had been passed on 07.02.2025 as against the petitioners. Questioning that particular order, an appeal is permissible, but the learned counsel for the petitioners stated that the appeal would only lie before the District Educational Officer, Elementary Education, who had actually initiated the disciplinary proceedings.
3.The assistance of the learned Special Government Pleader was sought to identify an another officer of equal rank who could examine the appeal. The learned Special Government Pleader on instructions stated that the District Educational Officer (Secondary) at Coimbatore, is an officer who holds equal post of District Educational Officer (Elementary Education) and who would be competent to hear the appeal.
4.This fact had also been put to the learned counsel for the petitioner. A representation has also been made on behalf of the 4th respondent. The 4th respondent, may, if called upon participate in the appeal proceedings, which should be conducted in manner known to law.
5.It is for this reason, since the facts will have to be examined and reexamined by the appellate authority that I made a conscious effort not to venture into an examination of the facts as stated in the affidavit. 6.With the above observations, these Writ Petitions stand disposed of with a direction that the petitioners may file an appeal on or before 30.04.2025 and the appeal may be examined by the appellate authority / District Educational Officer (Secondary) at Coimbatore, by giving opportunity to everybody concerned including the petitioners and the 4th respondent.
7.No orders to be passed till disposal of the appeal. After disposal of the appeal, any orders may be passed depending on the nature of the order passed by the appellate authority. No costs.
08.04.2025 Index:Yes/No Internet:Yes/No smv
To 1.The Director of Elementary Education, Chennai - 600 006.
2.The District Educational Officer (Elementary Education) Pollachi, Coimbatore District - 642 001.
3.The Block Educational Officer, Valparai, 642 127, Coimbatore District.
4.The Secretary, Karamalai Group School Committee, Karamalai Post - 642130, Valparai, T.K., Coimbatore District.
C.V.KARTHIKEYAN,J.
smv W.P.Nos.7792 & 7795 of 2025 08.04.2025