The Secretary To Government v. T.Latha,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and C.M.P.(MD)No.1425 of 2021 1.The Secretary to Government, Department of School Education, St.George Fort, Chennai-600 009.

2.The Director of School Education, DPI Compound, College Road, Chennai.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Sankarankovil Educational Officer, Tirunelveli District.

... Appellants / Respondents Vs 1.T.Latha ... 1st Respondent / Writ Petitioner 2.The Correspondent, 1/5

The Hindu Nadar Uravinmurai Committee, Higher Secondary School, T.N.Pudukudi Puliangudi, Tirunelveli District.

... 2nd Respondent / 5th Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the Order dated 05.02.2020 made in W.P.(MD)No. 13524 of 2019 and dismiss the writ petition.

For Appellants : Mr.V.Om.Prakash Government Advocate For Respondents : Mr.D.Nallathambi for M/s.Ajmal Associates

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2.The writ petitioner / first respondent Latha herein was appointed as Tamil Pandit in Hindu Nadar Uravinmurai Committee Higher Secondary School, Puliangudi. It is a non-minority institution. The appointment was made on 01.11.2010. The appointment was also 2/5

approved on 13.11.2011. However, the department did not sanction yearly and incentive increments and other allowances on the ground that the writ petitioner did not possess TET. Hence, the first respondent filed W.P.(MD)No.13524 of 2019. The writ petition was allowed vide order dated 05.02.2020. Questioning the same, this appeal has been filed.

3. The Hon'ble Division Bench in Writ Appeal No.313 of 2022 etc., batch dated 2.06.2023 (The Director of School Education Vs. M.Velayutham) held as follows:- "(a) Any teacher appointed as Secondary Grade Teacher or Graduate Teacher/BT Assistant prior to 29.07.2011 shall continue in service and also receive increments and incentives, even if they do not possess/acquire a pass in TET. At the same time, for future promotional prospects like promotion from secondary grade teacher to B.T. Assistant as well as for promotion to Headmasters, etc., irrespective of their dates of original appointment, they must necessarily possess TET, failing which they will not be eligible for promotion.

(b) Any appointment made to the post of Secondary Grade Teacher after 29.07.2011 must necessarily possess TET." 3/5

4. In the case on hand, the appointment was made prior to the cutoff date. Therefore, the appointee in this case will be entitled to continue in service and also received increments and incentives. But for promotional prospects, the appointee must acquire TET qualification. This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (R.P., J.) 27.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 4/5

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi W.A.(MD) No.391 of 2021 27.11.2024 5/5