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Madras High CourtWP(MD)/27104/2025allowed

E.Wilson v. The State Of Tamil Nadu

2025-10-24Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.27104 of 2025 & WMP.(MD).Nos.21071 & 21073 of 2025 & 21559 of 2025 E.Wilson ... Petitioner /vs./ 1.The State of Tamil Nadu, Rep., by its Secretary to Govt., School Education Department, Secretariat, Chennai - 600 009.

2.The Director of School Education, O/o. The Director of School Education, DPI Campus, Chennai.

3.The Chief Educational Officer, O/o the Chief Educational Office, Thanjavur, Thanjavur District.

4.The District Educational Officer, O/o the District Educational Office, Thanjavur, Thanjavur District.

5.The Correspondent, Blake Higher Secondary School, Thanjavur, Thanjavur District.

... Respondents PRAYER: 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 passed by the fourth respondent vide his proceedings in O.Mu.No.113/A4/2019, dated 16.03.2019 and the consequential impugned order passed by the third respondent vide his proceedings in Oo.Mu.No.871/A2/2022, dated 10.04.2024 and the consequential impugned order passed by the third respondent vide his proceedings in Oo.Mu.No.3829/A2/2025, dated 29.05.2025 1/5

and quash the same as illegal and consequentially direct the respondents to approve the petitioner's appointment as Office Assistant w.e.f., 27.11.2018, and pay arrears of salary with all consequential monetary benefits arising thereon within the period that may be stipulated by this Court. (Prayer is amended vide Court order dated 24.10.2025 and in WMP.(MD).No. 21558 of 2025 in W.P.(MD).No.27104 of 2025.) For Petitioner :

Mr.Mohammed Imran H For Respondents :

Mr.N.Satheesh Kumar AGP for RR1 & R2

ORDER

This Writ Petition had been filed to quash the impugned order passed by the fourth respondent, dated 16.03.2019 and the consequential impugned order passed by the third respondent, dated 10.04.2024 and dated 29.05.2025 as illegal and consequentially direct the respondents to approve the petitioner's appointment as Office Assistant w.e.f., 27.11.2018, and pay arrears of salary with all consequential monetary benefits arising thereon within the period that may be stipulated by this Court.

2. The petitioner had been appointed as an Office Assistant on 27.11.2018 in the vacancy that arose in the 5th respondent on the incumbent being conferred with the promotion as Junior Assistant. Approval of the petitioner had been rejected, as there has been a District surplus in the aforesaid post.

3. I have considered the submissions made by the learned counsel appearing on either side and perused the materials placed on record. 2/5

4. The ground of District surplus could not be put against the petitioner as firstly the order of the Division Bench in W.A.(MD).No.76 of 2019, dated 31.03.2021 can only be applied prospectively and not to an appointment made before the judgment was delivered. Secondly, the Rules, which were framed by the Government with regard to surplus, had also been stayed by a Division Bench of this Court in respect of the minority institution. In view of the same, second reasons assigned also would have to fall.

5. For the aforesaid reasons, the Writ Petition is allowed and the impugned orders are set aside and there shall be a direction to the respondents to approve the appointment of the petitioner from the date of his original appointment and grant all monetary benefits. Such exercise shall be carried out by the third respondent within a period of twelve (12) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 24.10.2025 Index : Yes / No Internet : Yes / No pbn 3/5

To 1.The Director of School Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Kanyakumari District at Nagercoil - 629 001.

3.The District Educational Officer (Secondary) Marthandam, Kanyakumari District.

4/5

K.KUMARESH BABU, J.

pbn Order made in W.P.(MD)No.27104 of 2025 & WMP.(MD).No.21071 of 2025 24.10.2025 5/5