The Chief Educational Officer v. I.Selvakumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.11509 of 2024 1.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

2.The District Educational Officer, Tirunelveli, Tirunelveli District.

... Appellants -vs1.I.Selvakumari 2.The Correspondent, Mary Sargent Girls Higher Secondary School, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.15681 of 2021, dated 01.04.2022.

For Appellants : Mr.S.P.Maharajan Special Government Pleader For Respondents : Mr.T.Pon Ramkumar

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] The Chief Educational Officer, Tirunelveli, is on appeal, aggrieved by the order of the Writ Court, quashing the order dated 09.05.2019, rejecting the award of annual increment, incentive increment, surrender leave benefits and other attendant benefits to the first respondent on the ground that she has not qualified in the Teacher Eligibility Test. Admittedly, the first respondent was appointed as a Teacher in a Minority School, namely, the second respondent. This Court has consistently held that the qualification of TET is not required for appointment as well as grant of increments and other benefits, if the Teacher is appointed in the minority School. The Writ Court has only followed the earlier decisions and has granted the benefits.

2.Mr.T.Pon Ramkumar, the learned counsel for the respondents would submit that the order of the Writ Court has also been complied with by the District Educational Officer on 14.06.2024.

3.In view of the same, we see no merits in the Appeal. The Appeal fails and it is accordingly, dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 02.09.2024 NCC :Yes/No Index :Yes/No Internet: Yes Mrn

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn and C.M.P.(MD)No.11509 of 2024 02.09.2024