The Chief Educational Officer v. G Helen Isabella

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.No.9941 of 2025 1.The Chief Educational Officer, Presidency Girls Higher Secondary School Campus, Egmore, Chennai - 600 008.

2.The District Educational Officer, Chennai North, Chennai. - 600 049.

...Appellants Vs.

1.G.Helen Isabella 2.The Secretary, Singarampillai Boys Hihger Secondary School, Villivakkam, Chennai - 600 049.

...Respondents

Prayer : Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 14.12.2023 made in W.P.No.32945 of 2023 and allow this Writ Appeal.

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For Appellants : Mr.R.Neethiperumal, Government Advocate For Respondents : Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan *********

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The order under challenge is one quashing the orders of the 2nd appellant refusing to grant approval for appointment of the 1st respondent as Sweeper in the sanctioned vacancy.

2. The sole ground on which the approval was refused was that the 2nd respondent Management has not obtained prior approval. The issue relating to prior approval is no longer res integra. This Court in several decisions has held that prior approval is not necessary when the appointment is made to a sanctioned post. The learned Single Judge has followed the judgment of the Division Bench of this Court in The Director of School Education, Chennai and 2 others Vs. S.Murugan and another 2/4

dated 07.01.2021, which is also directly on the same issue that is raised in this appeal.

3. In view of the settled position of law relating to prior approval, we do not see any reason to entertain the appeal. The appeal therefore fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

(R.S.M.,J.) (K.G.T.,J.) dsa 09.06.2025 Index : No Internet : Yes : No Speaking order To The Secretary, Singarampillai Boys Hihger Secondary School, Villivakkam, Chennai - 600 049.

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R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI , J.

dsa 09.06.2025 4/4