Anitha L v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.14405 of 2025 L.Anitha ... Petitioner Vs.

1.The Chief Educational Officer, 2.The District Educational Officer Marthandam, 3.The Correspondent, St. Josephs Higher Secondary School, Vizhunthayambalam, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent herein to promote the petitioner as Post Graduate Assistant (Maths), by considering the petitioner's representation dated 01.05.2025. For Petitioner : Mr.E.V.N.Siva For R1 and R2 : Mr.M.Siddharthan Additional Government Pleader For R3 : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers 1/5

ORDER

This Writ Petition has been filed seeking a direction to the third respondent to consider the petitioner's representation dated 01.05.2025 and promote her to the post of 'Post Graduate Assistant (Mathematics)'.

2. The learned counsel for the petitioner submits that the petitioner is working as a 'B.T. Assistant (Mathematics)' in the third respondent school from 10.06.2013. The school is a private aided institution. One post of Post Graduate Assistant (Mathematics) in the same school is about to fall vacant due to the voluntary retirement of the incumbent, S.Sreelatha. The petitioner is fully qualified and eligible for promotion to the said post. She submitted a representation dated 01.05.2025 to the third respondent seeking promotion, which is still pending consideration. However, the third respondent is attempting to fill the said post through direct recruitment, without considering the petitioner for promotion. Aggrieved by this, the petitioner has approached this Court seeking appropriate relief.

3. The learned counsel for the third respondent submitted that the third respondent school has already appointed one S.Monica as 'Post 2/5

Graduate Assistant (Mathematics)' by order dated 05.06.2025 and also has sent a proposal to the second respondent for approval of her appointment on 09.07.2025.

4. In view of the fact that the post in question has already been filled by appointing S.Monica and approval has been sought from the competent authority, this Court is of the view that the writ petition cannot be entertained at this stage. However, liberty is granted to the petitioner to challenge the said appointment, if she is so aggrieved, in the manner known to law. Accordingly, the writ petition is dismissed with the above liberty. There shall be no orders as to costs. Consequently, connected Miscellaneous Petition is closed.

14.07.2025 NCC : Yes / No Index : Yes / No smn2 To 1.The Chief Educational Officer, 2.The District Educational Officer Marthandam, 3/5

3.The Correspondent, St. Josephs Higher Secondary School, Vizhunthayambalam, 4/5

VIVEK KUMAR SINGH, J.

smn2 14.07.2025 5/5