The Joint Director Of School Education, v. Gayathri Kumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.580 of 2020 1.The Joint Director of School Education, Nungambakkam High Road, Nungmbakkam, Chennai.

2.The Chief Educational Officer, Trichirappalli.

3.The District Educational Officer, Office at Girls Higher School, Thathaiyengarpettai Road, Musiri, Trichy District.

... Appellants Vs.

1.Gayathri Kumar 2.The Nehru Educational Society, Puthanampatti, Trichy District, Rep. by its Secretary.

3.Nehru Higher Secondary School Committee, Rep. by its Secretary, Puthanampatti, Trichy District.

... Respondents 1/6

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.5983 of 2015 dated 26.03.2019 on the file of this Court. For Appellants : Mr.C.Venkateshkumar, Spl. Government Pleader.

For Respondents : Mr.A.Alaguram Jothi for R1. No appearance for R2 & R3.

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The writ petitioner was appointed as P.G. Assistant (Maths) with effect from 01.06.2011. Since the appointment was not approved, he filed W.P.(MD)No.5983 of 2015. The writ petition was allowed by the learned Single Judge vide order 26.03.2019. Challenging the same, this writ appeal has been filed by the department. 3.The stand of the learned Special Government Pleader is that the appointment was not made by a properly constituted school committee. 2/6

4.This contention is no doubt appealing. However, the fact remains that there is no rival claim. The appointment of the writ petitioner has not been challenged by any rival candidate. It is also not in dispute that there is a sanctioned post. The writ petitioner is also having all the requisite qualifications. The writ petitioner has also filed an affidavit stating that he will restrict his claim to the monetary benefits with effect from 26.03.2019.

5.Considering the special facts and circumstances of this case, while the writ petitioner's initial appointment will be approved and it will count for all other purposes, the monetary benefits are payable to the writ petitioner only with effect from 26.03.2019. The order of the learned Single Judge is modified accordingly and the writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 22.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:

1.The Joint Director of School Education, Nungambakkam High Road, Nungmbakkam, Chennai.

2.The Chief Educational Officer, Trichirappalli.

3.The District Educational Officer, Office at Girls Higher School, Thathaiyengarpettai Road, Musiri, Trichy District.

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G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 22.08.2025 6/6