J.Mary Victoria Piyatris v. The Director Of Elementary Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21680 of 2025 and W.M.P.(MD) No.16799 of 2025 J.Mary Victoria Piyatris : Petitioner Vs.

1. The Director of Elementary Education, DPI Campus, Subba Road Avenue, Nungambakkam, Chennai 600008.

2. The District Educational Officer, Thoothukudi Educational District, Thoothukudi District.

3. The Block Educational Officer, Karunkulam, Thoothukudi District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari calling for the records relating to the impugned order in Na.Ka.No. 795/A1/2025 dated 28.07.2025 of the 3rd respondent and quash the same as illegal. 1/6

For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

The instant writ petition has been filed challenging the impugned order passed by the third respondent in Na.Ka.No. 795/A1/2025 dated 28.07.2025.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as secondary grade teacher and finally, she served as Headmistress and attained superannuation on 28.07.2025. Two days before the date of her retirement, the impugned order was passed cancelling pay scale granted for selection grade and ordering recovery on the ground that selection grade granted to the petitioner is improper.

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4. The learned counsel appearing for the petitioner submits that the petitioner is eligible for fixed pay scale and without even granting an opportunity of hearing to the petitioner, the impugned order came to be passed and hence, there is a violation of principles of nature justice.

5. The learned Additional Government Pleader appearing for the respondents fairly submits that no opportunity was granted to the petitioner, prior to passing of the impugned order and hence, the impugned order may be set aside and the matter may be remanded back to the authority concerned.

6. Considering the facts and circumstances of this case and also considering the fact that the impugned order has been passed in violation of principles of natural justice, the impugned order dated 28.07.2025 is set aside and the matter is remanded back to the third respondent for fresh consideration. The third respondent shall pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within a period of six weeks from the date of receipt of a copy of this order.

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7. With the above direction, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. 11.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The Director of Elementary Education, DPI Campus, Subba Road Avenue, Nungambakkam, Chennai 600008.

2. The District Educational Officer, Thoothukudi Educational District, Thoothukudi District.

3. The Block Educational Officer, Karunkulam, Thoothukudi District.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.21680 of 2025 11.08.2025 6/6