The Government Of Tamilnadu v. V.Poongkodi

1 W.A.(MD)NO.667 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.667 of 2023 AND C.M.P.(MD)No.5978 of 2023

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, St. George Fort, Chennai - 9.

2. The Director of School Education, D.P.I.Campus, College Road, Chennai.

3. The District Educational Officer, Musiri, Trichy District.

4. The Block Educational Officer, Thathiengarpet Union, Thathiengarpet, Musiri Taluk, Trichy District.

... Appellants/Respondents 1 to 4 Vs.

1. V.Poongkodi ... 1st Respondent / Writ petitioner

2. Gokhlae Aided Middle School, Rep. by its Secretary, Oorakkarai, Musiri Taluk, Trichy District.

... 2nd Respondent / 5th Respondent 1/4

2 W.A.(MD)NO.667 OF 2023 Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 14.06.2021 passed in W.P.(MD)No.17519 of 2020 on the file of this Court and dismiss the writ petition. For Appellant : Mr.C.Venkatesh Kumar, Special Government Pleader.

For R-1 : Mr.T.Pon Ramkumar * * *

J U D G M E N T

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

2. The writ petitioner was appointed as B.T.Assistant (Mathematics) in the second respondent school on 18.02.2011. Admittedly, she was not possessing TET qualification. Hence, she filed W.P.(MD)No.17519 of 2020 to forbear the authorities from insisting that she must acquire TET qualification. The writ petition was disposed of in her favour vide order dated 14.06.2021. Questioning the same, the Department has filed this appeal. 2/4

3 W.A.(MD)NO.667 OF 2023

3. The issue raised in this writ appeal is no longer res integra. The Hon'ble Division Bench of this Court order dated 22.11.2024 in W.A.(MD)No.2190 of 2021 had held as follows:- "4. The Hon'ble Division Bench vide order dated 02.06.2023 in W.A.No.313 of 2022 etc. batch had held that 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 TET. For getting promotion, they will have to necessarily possess TET. Failing which, they will not be eligible for promotion."

4. In this case, the appointment of the writ petitioner was prior to the cut of date. This writ appeal is disposed of on the same lines as that of W.A.No.313 of 2022 dated 02.06.2023. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 11th June 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.A.(MD)NO.667 OF 2023 G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU W.A.(MD)No. 667 of 2023 11.06.2025 4/4