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Madras High CourtWP(MD)/3069/2025disposed of

Mangalarani v. The District Education Officer

2025-09-11Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2025

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU Mangalarani ... Petitioner Vs.

1.The District Education Officer, Office of the District Education Officer, Tirunelveli.

2.The Block Education Officer, Manur Range, Manur, Tirunelveli.

3.T.D.T.A Primary School, Represented through Correspondent, Alagiapadiyapuram, Manur Taluk, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to approve the petitioner's appointment as Secondary Grade Teacher on account of retirement of a teacher in the third respondent school based on the petitioner's representation, dated 02.12.2024 within 1/5

the time that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimuthurasu For R-1 & R-2 : Mr.N.Satheesh Kumar Additional Government Pleader For R-3 : No appearance

ORDER

This writ petition has been filed for a writ of Mandamus to direct the respondents to approve the petitioner's appointment as Secondary Grade Teacher on account of retirement of a teacher in the third respondent school based on the petitioner's representation, dated 02.12.2024 within the time that may be stipulated by this Court.

2. The claim of the petitioner for approval of her appointment was earlier rejected by the Department on the ground that she had been appointed to a non-sanctioned post. The petitioner had unsuccessfully challenged the same before this Court which had culminated into the order made in W.A(MD)No.1661 of 2024, dated 23.09.2024 with liberty to the respondent Management to seek an increase in the staff strength 2/5

and obtain sanction for the said post.

3. Mr.G.Thalaimuthurasu, learned Counsel appearing for the petitioner would now submit that one teacher by name, J.Elizabeth Rani had retired on 31.01.2025. Foreseeing the retirement, the petitioner had made a representation to the respondents to approve her appointment to the post of the retiring incumbent. However, it is to be noted that the third respondent Management, who has been made a party to this writ petition in spite of notice having been served upon them, had not chosen to enter appearance.

4. In such view of the matter, this Court is inclined to direct the third respondent to submit a fresh proposal for approval of the appointment of the petitioner in the vacancy that arose on 31.01.2025 due to the retirement of J.Elizabeth Rani Secondary Grade Teacher, within a period of three (3) weeks from the date of receipt of a copy of this order. On submission of the proposal by the third respondent, the first respondent shall take necessary action on the said proposal, within a period of four (4) weeks therefrom.

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5. The writ petition stands disposed of with the above directions. There shall be no order as to costs.

11.09.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR To 1.The District Education Officer, Office of the District Education Officer, Tirunelveli.

2.The Block Education Officer, Manur Range, Manur, Tirunelveli.

3.The Correspondent, T.D.T.A Primary School, Alagiapadiyapuram, Manur Taluk, Tirunelveli District.

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K.KUMARESH BABU, J.

BTR Order made in 11.09.2025 5/5