State Represented By Its Secretary v. K.Lingusamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P(MD)No.1629 of 2020 1.State represented by its Secretary, Department of Education, St. George Fort, Chennai - 600 009.
2.The Director of School Education, O/o.The Director of School Education, Nungambakkam, Chennai.
3.The Chief Educational Officer, O/o.Chief Educational Office, Gandhi School, Complex, Dindigul.
... Appellants/Respondents vs.
1.K.Lingusamy 2.P.Sankar 3.A.Chandran 4.S.K.Lakshmana Perumal 5.Nachammal 6.Dhanammal ... Respondents/Petitioners 1/5
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 03.10.2018 made in W.P(MD)No.7115 of 2013 on the file of this Court.
For Appellants : Mr.J.Ashok Additional Government Pleader For Respondents : No appearance
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The State preferred the present Writ Appeal challenging the writ order dated 03.10.2018 passed in W.P(MD)No.7115 of 2013. 2.The respondents preferred the Writ Petition seeking a direction to regularize their services from the date of their initial appointment. 3.Admittedly, the respondents were not appointed by the competent authorities of the Education Department, but were engaged by the Parents-Teachers Association. Their salaries were paid from the funds of the Parents-Teachers Association. Therefore, their services are no way connected with the Education Department, nor they have been appointed in accordance with the Service Rules applicable to the Education Department. As such, filing a Writ 2/5
Petition against the Education Department of the Government of Tamil Nadu seeking regularization of their services is absolutely misconceived and such a Writ Petition is not entertainable.
4.Once the appointments are made under the relevant Service Rules by the competent authority, then alone regularization is to be considered based on the rules applicable to such services. In the present case, the relief granted is running counter to the Service Rules applicable to the Education Department wherein all selections and appointments are to be made in accordance with the prescribed Rules.
5.Accordingly, the writ order impugned dated 03.10.2018 passed in W.P(MD)No.7115 of 2013 is set aside and the Writ Appeal stands allowed. There shall be no as to costs. Consequently, connected Miscellaneous Petition is closed. [S.M.S.,J.] & [A.D.M.C.,J.] 23.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5
To 1.The Secretary, Represented by the State, The Department of Education, St. George Fort, Chennai - 600 009.
2.The Director of School Education, O/o.The Director of School Education, Nungambakkam, Chennai.
3.The Chief Educational Officer, O/o.Chief Educational Office, Gandhi School, Complex, Dindigul.
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S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 23.06.2025 5/5