Benitta v. The District Education Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Benitta

...Petitioner

-Vs1. The District Education Officer, Tirunelveli, Tirunelveli District.

2. The Manager, Tirunelveli Diocesan Trust Association, TDTA Higher Secondary Special School and Teacher Training Institute Diocesan Office, Palayamkottai, Tirunelveli District.

3. The Correspondent, Cathedral Higher Secondary School, Palayamkottai, Tirunelveli District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd and 3rd respondents herein to pay the salary amount for the period of 13.12.2018 to 07.09.2019 (270 days) to the petitioner based on her representation dated 25.02.2025.

1/4

For petitioner : Mr.S.Sathyachidambaram For Respondent No.1 : M/s.N.Satheesh Kumar Addl. Govt., Pleader

ORDER

This writ petition is filed seeking direction to the 2nd and 3rd respondents herein to pay the salary amount for the period of 13.12.2018 to 07.09.2019 (270 days) to the petitioner based on her representation dated 25.02.2025.

2. When the matter was taken up for hearing today, the learned counsel appearing for the third respondent Management had produced a communication issued by the first respondent, whereby, the proposal sent by the third respondent had been returned, raising certain queries with regard to the genunity of the Educational Certificate. He would further submit that the petitioner had been employed as a substitute teacher in the vacancy that arose due to the maternity leave granted to the incumbent teacher and after a period of one year, the proposal has now been returned. 2/4

3. In such view of the matter, there shall be a direction to the petitioner to obtain genuineness certificate with regard to her Educational qualification and place the same before the third respondent Management. On receipt of such genuineness certificate, the third respondent Management shall also comply with the other queries raised by the first respondent and forward a fresh proposal within a period of two weeks thereafter and on receipt of such fresh proposal, the first respondent shall consider the proposal on merits and in accordance with law within a period of four weeks thereafter. As regards the query raised under issue No.3, with regard to TET qualification, this Court takes judicial notice of the fact that the Government had issued a circular fixing the cut-off date as 13.01.2023 for appointment of teachers with non TET qualification.

4. With the above directions, this Writ Petition stands disposed of. No order as to costs.

30.10.2025 Index : Yes/No Speaking/Non-Speaking order gvn 3/4

K.KUMARESH BABU, J.

gvn To

1. The District Education Officer, Tirunelveli, Tirunelveli District.

2. The Manager, Tirunelveli Diocesan Trust Association, TDTA Higher Secondary Special School and Teacher Training Institute Diocesan Office, Palayamkottai, Tirunelveli District.

3. The Correspondent, Cathedral Higher Secondary School, Palayamkottai, Tirunelveli District.

30.10.2025 4/4