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Madras High CourtWP(MD)/24097/2022dismissed

Umavathy R v. The Chief Educational Officer

2025-09-17Honourable Mr Justice Abdul Quddhose7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE R.Umavathy : Petitioner Vs.

1.The Chief Educational Officer, Sivagangai District, Sivagangai.

2.The District Educational Officer, Devakottai Educational District, Devakottai, Sivagangai District.

3.The Block Educational Officer, Devakottai Block, Devakottai Educational District, Devakottai, Sivagangai District.

4.The Secretary, Ramanathan Chettiyar Primary School, Pudhuvayal, Sivagangai District.

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5.The Secretary, NSMVPS Primary School, Devakottai, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent bearing Na.Ka.No.4125/A4/2022 dated 25.07.2022 and set aside the same as illegal and consequently direct the respondents 1 to 3 approve the petitioner's appointment of Second Grade Teacher with effect from 24.04.2009 and to disburse the benefits to the petitioner with effect from 24.04.2009.

For Petitioner : Mr.R.Shankar Ganesh For Respondents 1 to 3 : Mr.S.Shaji Bino, Special Government Pleader For Respondent No.4 : Mr.M.O.Thevan Kumar For Respondent No.5 : No appearance

O R D E R

This Writ Petition has been filed challenging the impugned order dated 25.07.2022 passed by the second respondent rejecting 2/7

the petitioner's request for regularisation of her appointment as a Secondary Grade Teacher with effect from 24.04.2009 instead of from 01.06.2009. As per the appointment order issued to the petitioner, she has been regularised as a Secondary Grade Teacher with effect from 01.06.2009. According to the petitioner, she having joined employment on 24.04.2009, her services ought to have been regularised with effect from 24.04.2009. The petitioner had given a representation to correct the date of her regularisation as 24.04.2009 instead of 01.06.2009. The same has been rejected by the second respondent under the impugned order dated 25.07.2022. 2.A counter affidavit has been filed by the respondents reiterating the contents of the impugned order and by stating that the petitioner is not eligible to be regularised with effect from 24.04.

2009, stating various reasons which includes the reason that the petitioner is not entitled for the prayer sought for in this Writ Petition on the ground of laches as the petitioner had approached the respondents [official respondents] only after a lapse of 11 years from the date of her appointment.

3.The fact that the petitioner had approached the respondents [official respondents] after a lapse of 11 years from the 3/7

date of her appointment for the purpose of making a correction to her date of regularisation is also not disputed by the learned Counsel for the petitioner. However, he would state that only after coming to know about the G.O. which enable the petitioner to seek for regularisation from the date of her initial appointment, the petitioner had made a representation to the official respondents. 4.Ignorance of law is not an excuse. As a prudent Government servant, the petitioner must keep himself abreast with the Government Orders which gives benefit to her. The 11 years delay in seeking the benefit as prayed for in this Writ Petition, is not a reasonable period and the said inordinate delay cannot be condoned. Without going into the merits of the petitioner's representation, this Court has to reject the petitioner's request on the ground of laches since admittedly, the petitioner had approached the official respondents for making a correction to the date of her regularisation into service only after a lapse of 11 years from the date of her appointment as a Secondary Grade Teacher. 4/7

5.For the foregoing reasons, on the ground of laches, this Writ Petition cannot be entertained at this belated stage. Therefore, this Writ Petition is dismissed. There shall be no order as to costs. 17.09.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 5/7

To 1.The Chief Educational Officer, Sivagangai District, Sivagangai.

2.The District Educational Officer, Devakottai Educational District, Devakottai, Sivagangai District.

3.The Block Educational Officer, Devakottai Block, Devakottai Educational District, Devakottai, Sivagangai District.

4.The Secretary, Ramanathan Chettiyar Primary School, Pudhuvayal, Sivagangai District.

5.The Secretary, NSMVPS Primary School, Devakottai, Sivagangai District.

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ABDUL QUDDHOSE.

, J.

MR 17.09.2025 7/7