S.Benita v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR S.Benita D/o. Sebastian 413, Matha Kovil Street, Devathanam Post, Thrivarur District.

..Appellant Vs

1. The Director The Directorate of Elementary Education, Chennai-06.

2. The District Educational Officer (Elementary Education), The Office of District Educational Officer (Elementary Education), Thiruvarur-004.

3. The Block Educational Officer The Office of Block Educational Officer, Kottur, Mannargudi Taluk, Thiruvarur District-614001.

..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside Paragraph 6 of the order dated 29.04.2026 in WP No.17107 of 2026, in So far as directing the Respondents to reinstate the appellant.

For Appellant :

Ms.G.K.Dharshini For Respondents :

Dr.R.Gouri, Government Counsel for Respondents Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra court appeal has been instituted challenging the writ order dated 29.04.2026 passed in W.P.No.17107 of 2026.

2. The petitioner was appointed as Secondary Grade Teacher and promoted as B.T.Assistant. She was placed under suspension due to her involvement in a criminal case. A criminal case was registered in a case of murder under Section 302 IPC. The case ended with an order of acquittal. Thereafter, the writ petition came to be filed seeking all service and monetary benefits. The learned Special Government Pleader before the writ Court represented that the Government has taken steps to prefer an appeal against the judgment dated 30.04.2026 in S.C.No.99 of 2017. Only subject to the appeal preferred against the order of acquittal, further actions will be initiated.

3. Even before this Court, the learned Government Counsel submitted a copy of the written instructions given by the Superintendent of Police, Tiruvarur District addressed to the District Educational Officer, Tiruvarur

wherein it is stated that actions are taken to prefer an appeal against the order of acquittal. The Writ Court also considered the case of the appellant and held that if no further appeal has been preferred against the judgment dated 30.04.2026 in S.C.No.99 of 2017, then alone the benefit is to be settled. That apart, the order of acquittal by the Criminal Court is not a bar for initiation of departmental disciplinary proceedings. It is not made clear whether the departmental proceedings are initiated or pending. All these aspects are to be considered by the competent authority before settling the monetary benefits to the appellant.

4. The Writ Court granted the relief subject to the condition that if any further appeal has been preferred against the order of acquittal. The said decision arrived at by the Writ Court cannot be termed as infirm. Therefore, this writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (N.S.,J.) 01-07-2026 Index: Yes Speakingorder KST

To

1. The Director The Directorate of Elementary Education, Chennai-06.

2. The District Educational Officer (Elementary Education), The Office of District Educational Officer (Elementary Education), Thiruvarur-004.

3. The Block Educational Officer The Office of Block Educational Officer, Kottur, Mannargudi Taluk, Thiruvarur District-614001.

S.M.SUBRAMANIAM J.

AND N.SENTHILKUMAR J.

KST 01-07-2026