J.Swan Chandramathi v. The Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA in Rev Aplc(MD)SR No.9686 of 2025 J.Swan Chandramathi ... Petitioner / Appellant Vs.

1.The Chief Secretary, Government of Tamilnadu, Chennai - 600 009.

2.The Director of Elementary Education, Chennai - 600 006.

3.The District Elementary Education Officer, Trichy - 620 008.

4.S.Kavitha Gowsalya 5.S.Daniel Suresh 6.The Correspondent, T.E.L.C.Middle School, Kalla Street, Trichy - 620 008.

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7.Rev.T.Samuel Thangaraj, Plot.No.85, 86, First Cross Street, Royal Palms Opp.RBI Bank, Kachirampalayam Road, Somandrakudi Post - 606 123, Kallakurichi District.

... Respondents / Respondents Prayer in C.M.P(MD)No.8143 of 2025: Petition filed under Section 5 of the Limitation Act to condone the delay of 8 days in filing the Review Petition in W.A(MD)No.777 of 2019, on the file of this Court. PRAYER in Rev.Aplc(MD) SR No.9686 of 2025: Petition filed under Order 47 Rule 1 and 2 of CPC read with Section 114 of Civil Procedure Code to review the judgment of W.A(MD)No.777 of 2019 dated 07.11.2024 on the Part Matter (I) Departmental Approval to the Review Petitioner's Graduate Headmaster Promotion with effect from 04.07.2012 and part matter (ii) Reasonable interest for the delayed payments, on the file of this Court.

For Petitioner : Mr.P.A.Solomon For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader for R.1 to R.3 Mr.D.Boopal for R.4 Mr.B.Pragash for R.6 No Appearance for R.5 & R.7 2/6

ORDER

(Order of the Court was made by G.R.Swaminathan J.) The appellant in W.A.(MD)No.777 of 2019 has filed this review application for reviewing the order dismissing the writ appeal. Since there is a marginal delay, this Civil Miscellaneous Petition has been filed to condone the same.

2.In normal circumstances, we would have unhesitatingly condoned the delay and taken up the review application on merits. But a mere look at the order dated 07.11.2024 indicates that there is absolutely no case for review. The appellant claims that she was promoted as a graduate Headmistress in a minority school on 04.07.2012. She filed a Writ of Mandamus for directing the District Elementary Education Officer, Tiruchirappalli to accord approval for her promotion. Her writ petition was dismissed. Challenging the same, the review applicant herein filed the writ appeal.

3.We noted that one Kavitha Gowsalya was appointed as Headmistress of the very same school in the meanwhile and her appointment was approved by the Department on 11.02.2015. The 3/6

appellant failed to amend the prayer and question the order according approval to the appointment of Kavitha Gowsalya. The learned single Judge had concluded that there can be only one Headmistress at a given point of time. If the appellant's writ petition or writ appeal had been allowed, it would mean that two persons would have to be given salaries for one post. That is why, we dismissed the writ appeal. 4.At the same time, we took note of the fact that the appellant had not been paid her salary arrears since 01.04.2014. The appellant was serving the school as Secondary Grade Teacher. Hence, even while sustaining the order passed by the learned Single Judge, we granted relief to the review applicant for payment of her salary arrears in the post of Secondary Grade Teacher. We are of the view that there is no merit whatsoever in this review application. The learned counsel for the petitioner states that the salary arrears are yet to be paid. The petitioner is at liberty to institute contempt proceedings before us for enforcing the order.

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5.This Civil Miscellaneous Petition stands dismissed. Rev Aplc(MD)SR No.9686 of 2025 is also dismissed at the SR stage itself. [G.R.S., J.] [R.P, J.] 24.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To 1.The Chief Secretary, Government of Tamilnadu, Chennai - 600 009.

2.The Director of Elementary Education, Chennai - 600 006.

3.The District Elementary Education Officer, Trichy - 620 008.

4.The Correspondent, T.E.L.C.Middle School, Kalla Street, Trichy - 620 008.

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G.R.SWAMINATHAN,J.

AND R.POORNIMA , J.

MGA in Rev Aplc(MD)SR No.9686 of 2025 24.03.2026 6/6