S. Flora Stella, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI S.Flora Stella ... Appellant Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, Social Welfare Department, Secretariat, Chennai - 600 009.

2.The Commissioner, Social Welfare Department, Sindhathiripet, Chennai.

3.The Director of Social Welfare, Chennai - 600 005.

4.The District Social Welfare Officer, Trichy.

5.The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai 600 009.

... Respondents 1/6

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.1864 of 2015 dated 16.06.2022 on the file of this Court. For Appellant : Mr.B.Saravanan, Senior Counsel, For Mr.D.Kirubakaran.

For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Spl. Government Pleader.

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard the learned senior counsel for the appellant and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.

2.The appellant / Flora Stella was appointed as Tailoring Instructress vide proceedings dated 08.04.1996 issued by the Director of Social Welfare Department. The appellant filed W.P.(MD)No.1864 of 2015 seeking categorization as Tailoring Instructor Grade - I and for payment of consequential benefits. The learned Single Judge vide order 2/6

dated 16.06.2022 dismissed the writ petition. Aggrieved by the same, this writ appeal has been filed.

3.G.O.(Ms)No.600, Social Welfare Department, dated 26.07.1980 is the relevant government order. It envisages the posts of Tailoring Instructor Grade - I as well as Tailoring Instructor Grade - II. It is true that the appointment order of the appellant does not spell about the grade. But then, from the fact that she was placed in the pay scale attached to Tailoring Instructor Grade - II post, we can safely conclude that she was appointed only as Tailoring Instructor Grade - II. 4.The question that calls for consideration is whether she can be promoted as Tailoring Instructor Grade - I. As rightly pointed out by the learned Additional Advocate General, the post as set out in the government order is to be filled up either by direct recruitment or recruitment by transfer from any other service or by transfer from any other class. Thus, Tailoring Instructor Grade - I does not appear to be a promotional post. Probably taking into account this technical difficulty, a proposal emanated from the Director of Social Welfare, Chennai vide 3/6

letter bearing No.Na.Ka.No.44221/eph;6(1)/2010 dated 11.11.2011 for upgrading the post of Tailoring Instructor Grade - II as Tailoring Instructor Grade - I. In respect of the writ petitioner, it is still pending on the file of the third respondent ever since.

5.We direct the respondents 1 to 3 to take a call regarding the upgradation of the post of Tailoring Instructor Grade - II to Tailoring Instructor Grade - I within a period of four months from the date of receipt of a copy of this order. The order the learned Single Judge is modified and the writ appeal is disposed of accordingly. No costs. (G.R.S. J.,) & (R.K.M. J.,) 03.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6

To:

1.The Secretary to Government, Social Welfare Department, Secretariat, Chennai - 600 009.

2.The Commissioner, Social Welfare Department, Sindhathiripet, Chennai.

3.The Director of Social Welfare, Chennai - 600 005.

4.The District Social Welfare Officer, Trichy.

5.The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai 600 009.

5/6

G.R.SWAMINATHAN, J.

and R.KALAIMATHI, J.

ias 03.02.2026 6/6