Kesiya Evanjelin v. The Director Of Elementary Education

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.12564 of 2019 Kesiya Evanjelin, W/o.V.Chandrakanthamani, No.17, Kamban 3rd Street, Subramaniyapuram, Trichy - 20.

... Appellant/Petitioner vs.

1.The Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006.

2.The District Elementary Education Officer, Trichy District, Trichy.

... Respondents/Respondents PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 16.08.2018 made in W.P(MD)No.4331 of 2011 on the file of this Court.

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For Appellant : Mr.R.Sriram for Mrs.V.Sujatha Siddharthan For Respondents : Mr.J.Ashok Additional Government Pleader

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The writ order dated 16.08.2018 passed in W.P(MD)No.4331 of 2011 is under challenge in the present Writ Appeal. 2.The appellant was initially appointed as a Secondary Grade Teacher in the year 1972. She was promoted to the post of Elementary School Headmistress in the year 2001 and retired from service on 30.04.2001 on attaining the age of superannuation.

3.The appellant had filed O.A.No.9813 of 1998 before the Tamil Nadu Administrative Tribunal, Chennai, seeking promotion on par with her junior with effect from 25.02.1986. The Tribunal directed the respondents therein to consider her representation. However, the respondents rejected the claim of the appellant mainly on the ground that she had relinquished her promotion during 2/5

the relevant point of time and therefore, her junior was promoted and thus, her claim for promotion set out by the appellant is stale and cannot be accepted. 4.Furthermore, the junior to the appellant was promoted on 25.02.1986 and the Writ Petition before the High Court has been instituted in the year 2011, despite the fact that the Tribunal disposed of the original application on 11.01.2001. Therefore, there is an inordinate delay. The Writ Petition was filed after a lapse of about 10 years from the date of the appellant's retirement and thus, hit by the principles of laches.

5.In view of the above, this Court finds no infirmity in the order passed by the writ Court and the same is hereby confirmed. Accordingly, this Writ Appeal stands dismissed. 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 Director of Elementary Education, College Road, Nungambakkam, Chennai - 600 006.

2.The District Elementary Education Officer, Trichy District, Trichy.

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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