Madras High CourtWA(MD)/432/2023disposed of

The District Educational Officer v. S.Sutha Parvathi

2026-02-13Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and C.M.P.(MD)No.4631 of 2023 1.The District Educational Officer, Tirunelveli, Tirunelveli District, Earlier as The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

2.The Block Educational Officer, Palayamkottai Nagar, Tirunelveli District.

... Appellants Vs.

1.S.Sutha Parvathi 2.The Secretary, Manivasagar Arulneri Middle School, Palayamkottai, Tirunelveli District.

... Respondents 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.5932 of 2022 dated 22.07.2022 on the file of this Court. 1/4

For Appellants : Mr.A.Baskaran, Addl. Government Pleader.

For Respondents : Ms.A.Amala for R1

JUDGMENT

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

2.Sudha Parvathi was appointed as B.T.Assistant (Science) in the second respondent school. It is a non-minority institution. She approached the Writ Court seeking conferment of incentive increment. The learned Single Judge allowed the writ petition as prayed for. Aggrieved by the same, this writ appeal has been filed. 3.The learned Additional Government Pleader points out that the writ petitioner is not having TET qualification and that therefore, in view of the decision of the Hon'ble Supreme Court rendered in Civil Appeal No.1386 of 2025 dated 01.09.2025 (Anjuman Ishaat-e-taleem Trust Vs. The State of Maharashtra and Others), the writ petitioner's appointment itself in question. The learned counsel for the writ petitioner points out 2/4

that for all in-service candidates, the Hon'ble Supreme Court granted further window period of two years. If the writ petitioner clears TET during this window period, the department has to comply with the order passed by the learned Single Judge. Till then, the question of implementing the order of the learned Single Judge does not arise at all. 4.With the aforesaid observation, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (R.K.M. J.,) 13.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Educational Officer, Tirunelveli, Tirunelveli District, Earlier as The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

2.The Block Educational Officer, Palayamkottai Nagar, Tirunelveli District.

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G.R.SWAMINATHAN, J.

and R.KALAIMATHI, J.

ias 13.02.2026 4/4