N.Pownraj v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22967 of 2025 and W.M.P(MD)Nos.18060 to 18062 of 2025 N.Pownraj : Petitioner Vs.

1. State of Tamilnadu, Rep. by its Principal Secretary, Department of School Education, Secretariat, Chennai -09.

2. The Director of School Education, College Road, Chennai 06.

3. The Joint Director (Higher Education), Department of School Education, College Road, Chennai -06.

4. The Chief Education Officer, O/o the Chief Education Officer,

5. The District Education Officer (Secondary), O/o the District Education Officer, Sivakasi, 1/6

6. The Secretary, Nadar High Secondary School, Zamin Kollamkondan, Rajapalayam Taluk, : Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus,to call for the records pertaining to the impugned order in Oo.Mu.No. 5574/Aa6/2025 dated 30.06.2025 on the file of the respondent No.4 and the consequential impugned order in Na.Ka.No.44520/W5/E3/2017 dated 24.7.2025 (signed on 29.07.2025) on the file of the respondent No.3 and quash the same as illegal and consequently direct the respondents to re-appoint the petitioner as Head Master with the respondent No.6 school and permit him to continue his service till 30.04.2026 in the light of G.O (MS)No.115 dated 28.06.2022 passed by the respondent No.1 along with all consequential benefits within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.M.Siddharthan (R1 to R5) Additional Government Pleader : Mr.Wisik Ali (R6)

ORDER

This writ petition has been filed challenging the impugned order passed by the fourth respondent in Oo.Mu.No. 5574/Aa6/2025 dated 2/6

30.06.2025 and consequential impugned order passed by the third respondent in Na.Ka.No.44520/W5/E3/2017 dated 24.7.2025 (signed on 29.07.2025) and consequently to direct the respondents to re-appoint the petitioner as Head Master in 6th respondent school and permit him to continue his service till 30.04.2026 in the light of G.O (MS)No.115 dated 28.06.2022 passed by the respondent No.1 along with all consequential benefits.

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 Headmaster in the sixth respondent school on 13.02.2006 and he retired from service on 30.06.2025. Thereafter, the petitioner made a representation seeking extension of his employment till the academic year and the same was rejected vide the impugned orders. Challenging the same, this writ petition came to be filed.

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4. The learned counsel appearing for the petitioner would submit that admittedly, the academic year came to an end in May 2025 and the petitioner retired from service on 30.06.2025, ie., first re-opening month of the academic year. Since the retirement in middle of the academic year will affect the students' studies, the petitioner seeks re-appointment. However, the same was not considered by the authorities, which is unsustainable one.

5. Per contra, the learned Additional Government Pleader appearing for the official respondents would contend that the petitioner is a retired person and there are other teachers waiting for the promotional post of Headmaster, which is the petitioner having. If one year extension is granted, other teachers will suffer, who are in queue. Hence he prayed for dismissal of this writ petition.

6. Admittedly, the petitioner retired from service in June, 2025. There are other teachers waiting for promotion to the said post. The said post will eventually be filled up by any one of the eligible teachers by way of promotion. If such benefit of extension is given to the petitioner, 4/6

other teachers will get deprive of the said promotional benefit. In view of the same, the relief sought for by the petitioner cannot be granted and this writ petition is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 25.08.2025 Index : Yes / No NCC : Yes / No Sm To:-

1. Principal Secretary, Department of School Education, Secretariat, Chennai -09.

2. The Director of School Education, College Road, Chennai 06.

3. The Joint Director (Higher Education), Department of School Education, College Road, Chennai -06.

4. The Chief Education Officer, O/o the Chief Education Officer,

5. The District Education Officer (Secondary), O/o the District Education Officer, Sivakasi, Virudhunagar District.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.22967 of 2025 25.08.2025 6/6