Nirmala T v. The Director Of Elementary Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22514 of 2025 and W.M.P.(MD) No.17623 of 2025 T.Nirmala : Petitioner Vs.

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

2. The District Educational Officer (Primary Education), Pattukottai, Thanjavur District.

3. The Block Educational Officer, Pattukottai Block Educational Office, Pattukottai, Thanjavur District.

4. The Principal Accountant General (A and E) of Tamil Nadu, No.361, Anna Salai, Teynampet, Chennai 600 018.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari thereby call for the records of the 3rd respondent in Na.Ka.No. 2266/Aa1/2024 dt. 23.07.2025 and quash the same as illegal and arbitrary.

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For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.M.Siddharthan (R1 to R3) Additional Government Pleader Ms.S.Mahalakshmi (R4)

ORDER

This writ petition has been filed challenging the recovery order passed by 3rd respondent in Na.Ka.No. 2266/Aa1/2024 dt. 23.07.2025.

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

3. The petitioner is presently working as Headmaster in Panchayat Union Middle School. The second respondent passed an order in the year 2014 granting the petitioner selection grade in the post of Primary school Headmaster. However, the third respondent issued a letter proposing to cancel the grade pay granted to the petitioner and to recover the alleged excess payment, for which the petitioner also submitted a reply. But the third respondent finally issued the impugned order 2/6

cancelling the selection grade and revising the petitioner's pay and also ordered for recovery. Challenging the same, this writ petition came to be filed.

4. The learned counsel appearing for the petitioner submitted that the present impugned order is passed without even providing an opportunity of hearing to the petitioner and behind her back, the impugned order has been passed, which is in violation of principles of natural justice.

5. The learned Additional Government Pleader appearing for the official respondents would fairly submit that prior to passing of the impugned order, no opportunity was granted to the petitioner. He would further submit that the impugned order may be set aside and the matter may be remanded back to the authority concerned for providing an opportunity to the petitioner and till such time, no recovery can be made.

6. Considering the facts and circumstances of this case and also considering the fact that the impugned order has been passed in violation 3/6

of principles of natural justice, the impugned order dated 23.07.2025 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.

7. With the above direction, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. 19.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

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

2. The District Educational Officer (Primary Education), Pattukottai, Thanjavur District.

3. The Block Educational Officer, Pattukottai Block Educational Office, Pattukottai, Thanjavur District.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.22514 of 2025 19.08.2025 6/6