S.Deepa v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.27990 of 2025 & WMP.(MD).Nos.21738 & 21740 of 2025 S.Deepa ... Petitioner /vs./ 1.The Director of School Education, Office of the Director of the School Education, D.P.I Compound, College Road, Chennai.

2.The District Educational Officer Office of the District Educational Officer, Tenkasi, Tenkasi District.

3.The Block Educational Officer, Reddiarpatti, Alangulam, Tenkasi District.

4.The Correspondent, T.D.T.A., Primary & Middle School, Reddiarpatti, Alangulam, Tenkasi 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 issued by the second respondent in Ni.Mu.No.1209/n1/2024, dated 09.07.2024 and quash the same in so far as the date of approval of the petitioner's appointment to the post of Secondary Grade Assistant Teacher i.e., on 20.04.2023 and consequently direct the 2nd respondent to grant approval to the 1/6

petitioner's appointment to the post of Secondary Grade Assistant Teacher from the date of petitioner's joining date i.e., on 01.03.2018. For Petitioner :

Mr.C.Jeganathan For Respondents :

Mr.N.Satheesh Kumar AGP for RR1 to R3

ORDER

This Writ Petition had been filed to quash the impugned order dated 09.07.2024 and in so far as the date of approval of the petitioner's appointment to the post of Secondary Grade Assistant Teacher i.e., on 20.04.2023 and consequently direct the 2nd respondent to grant approval to the petitioner's appointment to the post of Secondary Grade Assistant Teacher from the date of petitioner's joining date i.e., on 01.03.2018.

2. Heard Mr.C.Jeganathan, learned counsel appearing for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents 1 to 3.

3. The petitioner was appointed as a Secondary Grade Teacher in the fourth respondent School on 01.03.2018. The same was originally returned by the second respondent quoting that there has been surplus teachers in the school 2/6

under the same management of which the fourth respondent was a part of. The said order came to be challenged by the petitioner in W.P.(MD).No.16175 of 2021, wherein, by order dated 02.09.2022, this Court interfered with the return of proposal and had directed the authorities to appoint the petitioner with effect from 01.03.2018. However, under the impugned order herein, the second respondent had approved the appointment of the petitioner only from 20.04.2023, i.e., the date on which the joint/ corporate management of which the fourth respondent school deployed surplus teachers within its management.

4. It is to be noted that while allowing the Writ Petition filed by the petitioner, a categorical finding had been given by the learned Single Judge of this Court that the reason assigned for non-approval namely joint/corporate management surplus cannot be sustained, as the appointments has been made prior to the judgment of this Court in W.A.(MD).No.76 of 2019 etc batch, dated 31.03.2021. The present impugned order passed by the respondent is in direct violation of the orders passed by this Court in respect to the petitioner in this Writ Petition. For such act, this Court is unable to appreciate such conduct of the second respondent which is nothing, but an act of contempt, abuse of orders of this court, since, such order has been impugned in this Writ Petition would amount to sitting over on an appeal with the positive direction granted by this 3/6

Court in the Writ Petition filed by the Petitioner in W.P.(MD).No.16175 of 2021, etc., batch.

5. For the aforesaid reasonings, this Writ Petition stands allowed and the impugned order in so far as fixing the date of grant of approval, dated 20.04.2023 is set aside and the respondents are directed to approve the appointment of petitioner on and from 01.03.2018 as directed by this Court in W.P.(MD).No. 16175 of 2021, etc., batch and pay her all monetary benefits forthwith at the earliest within a period of two (2) weeks from the date of receipt of a copy of this order. Before I part with this case, this Court places its dissatisfaction in the manner in which the second respondent had conducted himself and would hope that they do not exhibit such conduct in future. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 23.10.2025 Index : Yes / No Internet : Yes / No GBA 4/6

To 1.The Director of School Education, Office of the Director of the School Education, D.P.I Compound, College Road, Chennai.

2.The District Educational Officer Office of the District Educational Officer, Tenkasi, Tenkasi District.

3.The Block Educational Officer, Reddiarpatti, Alangulam, Tenkasi District.

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K.KUMARESH BABU, J.

GBA Order made in W.P.(MD)No.27990 of 2025 & WMP.(MD).Nos.21738 & 21740 of 2025 23.10.2025 6/6