John Gnanaraj.J v. Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) Nos.17389 of 2021 & 19773 of 2025 J.John Gnanaraj ... Petitioner -vs1.The Secretary to Government School Education Department State of Tamil Nadu Fort St.George, Chennai-9 2.The Director of School Education DPI Campus, College Road Chennai-6 3.The Chief Educational Officer Tirunelveli District, Tirunelveli 4.The District Educational Officer Tirunelveli District Tirunelveli

5.The Manager CSI Tirunelveli Diocese High Ground Road Palayamkottai, Tirunelveli 6.The Correspondent Cathedral Higher Secondary School Palayamkottai, Tirunelveli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned order passed by the 1st respondent in G.O.Ms.No.9, School Education Department, dated 06.01.2009 and the consequent orders of the 4th respondent in his proceedings in O.Mu.No.4076/A4/2020 dated 17.06.2021 and quash the same and consequent direction may be issued to the respondents to approve the petitioner's appointment as Vocational Instructor (Electrical Machines and Appliances) in 6th respondent school from the date of the petitioner appointment 05.11.2020 and to disburse monetary and service benefits within stipulated time.

[Prayer is amended vide Court order dated 19.09.2025 in W.M.P.(MD) No. 19771 of 2025]

For Petitioner :

Mr.T.A.Ebenezer For Respondents :

Mr.S.Shaji Bino Special Government Pleader for R1 to R4 Mr.P.P.Alwin Balan for R5 & R6

O R D E R

The issue that arises for consideration in this writ petition is whether the appointment to the post of Vocational Instructor can be approved by the respondents, in cases, where the said post was a sanctioned post for the school and in view of the retirement, a replacement needs to be made.

2. In the instant case, under the consequential impugned order, the proposal sent by the sixth respondent - School for appointment of the petitioner has been rejected by stating that the post of Vocational Instructor for the said School is no longer a sanctioned post.

3. Learned counsel for the petitioner drew the attention of this Court to the Division Bench Judgment dated 24.09.2025, passed by this Court in W.A.(MD) No.506 of 2020, in the case of The State of Tamil Nadu,

rep.by its Secretary, Department of School Education and others vs. The Correspondent, St.Joseph's Girls Higher Secondary School, Madurai, as well as a decision rendered by me on 06.10.2025, in W.P.(MD) Nos.487 of 2020 and 26277 of 2019, in the case of The Secretary, Charrm Bharathi Higher Secondary School, Kadayam vs. The State of Tamil Nadu, rep.by its Secretary, Department of School Education and others, and would submit that the issue is no longer res integra as the issue has now been wellsettled that in case of retirement of the Vocational Instructor from the school and the said post of Vocational Instructor was a sanctioned post of the said school, the school cannot be deprived of appointing a replacement for the retired teacher.

4. Even though a counter affidavit has been filed by the respondents reiterating the contents of the impugned orders, in view of the settled law, as stated supra, and in view of the fact that the appointment of the petitioner as a Vocational Instructor is only a replacement for the retired teacher, necessarily his appointment has to be approved by the official respondents as the sixth respondent - School cannot be deprived of appointing a replacement for the retired teacher. By total non-application of

mind to the aforesaid fact and the decisions rendered by this Court, as stated supra, the consequential impugned order has been passed rejecting the proposal sent by the sixth respondent - School and therefore, the consequential impugned order has to be necessarily quashed by this Court.

5. In the counter filed by the second respondent before this Court, in Paragraph No.6, the second respondent relied upon a decision of the Honourable Supreme Court rendered in C.A.No.12310 of 2024, dated 12.11.2024. But, the said decision has no bearing to the facts of the instant case, since the said decision did not deal with the case, where the school is seeking for approval for the appointment in respect of the sanctioned post, as the earlier teacher appointed in the said sanctioned post has retired from service.

6. For the foregoing reasons, the consequential impugned order dated 17.06.2021, passed by the fourth respondent, is hereby quashed and this writ petition is allowed by directing the fourth respondent to grant approval for the appointment of the petitioner as Vocational Instructor in the sixth respondent - School with effect from the date of his appointment. The

fourth respondent is directed to pass orders accordingly within a period of twelve weeks from the date of receipt of a copy of this order. The eligible salary payable to the petitioner shall also be paid to him within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 29.10.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Secretary to Government, School Education Department, State of Tamil Nadu, Fort St.George, Chennai-9.

2.The Director of School Education, DPI Campus, College Road, Chennai-6.

3.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Educational Officer, Tirunelveli District, Tirunelveli.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) Nos.17389 of 2021 & 19773 of 2025 29.10.2025