The Director Of School Education v. R Singarayan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN and C.M.P.(MD) No.12588 of 2024 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, ICI, Higher Secondary School Campus, Tenkasi District.

3.The District Educational Officer, Tenkasi, Tenkasi District.

... Appellants Vs.

1.R.Singarayan 2.The Correspondent, Amala Annai High School, Amali Nagar, Rengasamuthiram, Tenkasi District.

... Respondents Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 12.04.2024 made in W.P.(MD) No.9018 of 2024.

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For Appellants : Mr.S.P.Maharajan Special Government Pleader For R1 : Ms.A.Amala

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] The issue involved in the Writ Petition, namely the upgradation of the post of Secondary Grade Teacher as B.T.Assistant, is well settled. This Court has been repeatedly concluding that the upgradation is automatic and that no prior approval is required. Despite such repeated orders of this Court, the School Educational Authorities refuse approval, claiming that the post is only that of a Secondary Grade Teacher and cannot be approved as a B.T.Assistant.

2. Even in the case on hand, one such order was passed, and it was set aside by the Writ Court, relying upon the Judgments of this Court in Chief Educational Officer and Another vs. Josephin Vijaya and Another, made in W.A. (MD) No. 1497 of 2017, and in Government of Tamil Nadu rep. by the Secretary to Government, Department of School Education vs. J. Remila and Others, reported in 2018 (1) WLR 410. Page No. 2 of 4

3. We do not propose to unsettle the law, which is so well established. Hence, this Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. R.S.M., J. S.M., J.

23.09.2024 Index: No Speaking Order JEN Page No. 3 of 4

R.SUBRAMANIAN, J.

AND SUNDER MOHAN, J.

JEN and C.M.P.(MD) No.12588 of 2024 23.09.2024 Page No. 4 of 4