S. Vijayalakshmi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2025
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE S.Vijayalakshmi : Petitioner Vs.
1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2.The Joint Director of School Education (VOC), College Road, Chennai - 6.
3.The Chief Educational Officer, Theni District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the second respondent 1/8
dated 18.08.2020 bearing Na.Ka.No.12786/V1/E3/2020 and quash the same and direct the respondents to re-fix the time scale of pay from 10.06.2002 by extending the benefits of the G.O.Ms.No.74, School Education Department dated 10.06.2002 and consequently to regularize the petitioner from 10.06.2002.
For Petitioner : Mr.R.Saravanan For Respondents : Mr.S.Shaji Bino, Special Government Pleader
O R D E R
This Writ Petition has been filed challenging the impugned order dated 18.08.2020 passed by the second respondent rejecting the petitioner's request to re-fix his time scale of pay from 10.06.2002, by extending the benefits of G.O.Ms.No.74, School Education Department dated 10.06.2002 and consequently regularise the services of the petitioner from 10.06.2002. The petitioner's request has been rejected by the second respondent since the petitioner did not possess the degree certificate at the time of publishing G.O.Ms.No.74, School Education Department dated 10.06.2002 and further, the petitioner was not possessing the degree certificate at the time of his original inception into the service in the year 1997.
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2.The following are the undisputed facts:
a) The petitioner was appointed in the service of the school education department on 06.08.1997 itself.
b) On the date of his initial appointment into service, she was not possessing the requisite UG degree [B.A. History degree]. c) Only in the year 1999, she completed B.A. History course.
d) The petitioner also did not possess the degree certificate [B.A. History] when G.O.Ms.No.74, School Education Department dated 10.06.2002 was passed, though she had completed the course in 1999 itself.
e) The petitioner also did not choose to redress her grievances immediately after G.O.Ms.No.74, School Education Department dated 10.06.2002, by approaching the Court of law for not being regularised into service from 10.06.2002 being the date of the said Government Order.
f) Only in the year 2019, the petitioner filed a Writ Petition before this Court in W.P.(MD)No.3046 of 2020, seeking for a Mandamus to regularise the service of the petitioner from 10.06.2002 as per G.O.Ms.No.74, School Education Department dated 10.06.2002.
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g) A direction was issued by this Court to the respondents to consider the representation of the petitioner requesting the respondents to regularise her service from 10.06.2002. h) Under the impugned order, pursuant to the directions issued by this Court in the aforesaid Writ Petition, the petitioner's request has been rejected, since she did not possess the degree certificate at the time of publishing G.O.Ms.No.74, School Education Department dated 10.06.2002 and was also not possessing the said degree at the time of her initial appointment ie., in the year 1997. 3.This Court notices from the undisputed facts that the petitioner has approached this Court belatedly ie., after a lapse of almost 17 years from the date when G.O.Ms.No.74, School Education Department dated 10.06.
2002 came to be passed, which the petitioner seeks benefit for the purpose of her regularisation into service from 10.06.2002. No satisfactory reasons have been given by the petitioner for her inordinate delay in approaching this Court to redress her grievance. G.O.Ms.No.74, School Education Department dated 10.06.2002, which the petitioner relies upon also makes it clear that the petitioner must possess the requisite degree at the time of her initial appointment.
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4.Admittedly, the petitioner was not possessing the degree certificate at the time of her initial appointment in the year 1997 and she completed the said degree only in the year 1999, after she joined service in the year 1997.
G.O.Ms.No.74, School Education Department dated 10.06.2002 has only enabled the persons who have joined service and were possessing the requisite degree qualification but did not produce the degree certificate and only under those circumstances, those persons were permitted to produce the degree certificate and obtained regularisation into service from the date of them joining into service. G.O.Ms.No.74, School Education Department dated 10.06.2002 does not give the benefit to the petitioner for the grievance that she has to be regularised into service from 10.06.2002, since the petitioner at the time of her initial appointment in the year 1997 was not possessing the degree certificate as she had completed the said degree only in the year 1999.
5.For the foregoing reasons, this Court does not find any merit in this Writ Petition.
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6.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.
15.09.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 6/8
To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2.The Joint Director of School Education (VOC), College Road, Chennai - 6.
3.The Chief Educational Officer, Theni District.
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ABDUL QUDDHOSE.
, J.
MR 15.09.2025 8/8