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Madras High CourtWP(MD)/28175/2025disposed of

D.Becema Pavalakodi v. The Chief Educational Officer,

2025-10-27Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU D.Becema Pavalakodi, ... Petitioner Vs.

1. The Chief Educational Officer, Tirunelveli District..

2. The District Educational Officer, (Secondary), Tirunelveli District..

3. The Correspondent, C.C.M. Higher Secondary School, Idaiyangudi, Tirunelveli District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to approve the appointment of the petitioner as P.G.Assistant (Tamil) in the 3rd respondent school with effect from 11.06.2024 with salary and all consequential benefits.

For Petitioner : Mr.V.Panneer Selvam, For Respondents : Mr.N.Satheesh Kumar, Additional Government Pleader for R1 & R2 1/5

ORDER

This Petition is filed to direct the respondents to approve the appointment of the petitioner as P.G.Assistant (Tamil) in the 3rd respondent school with effect from 11.06.2024 with salary and all consequential benefits.

2. Heard the learned counsel on either side and perused the material available on record.

3. The case of the petitioner is that in a vacant post of P.G. Assistant (Tamil), which fell within the sanctioned post in the third respondent School, in view of the retirement of the incumbent, in which the petitioner was appointed on 11.06.2024 and a proposal has been forwarded by the Management to the respondents, which had been returned back with certain queries. Such proposals have been represented on 02.12.2024 and the said proposal had been returned on 17.04.2025. The said proposal had again been resubmitted on 19.06.2025 and the same is pending consideration with the respondents 1 and 2. 2/5

4. A perusal of the order of return dated 17.04.2025 would indicate that the School has also been sought to give details of teachers surplus in the School and the joint Management of which the School is a part. It is to be noted that New Rules dealing with surplus teachers had been stayed by the Hon'ble Division Bench of this Court as early as 16.04.2023.

5. In view of the same, there shall be a direction to the first respondent to consider the proposal as submitted by the third respondent on 19.06.2025 without reference to Rule 28(5) of the New Rules and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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

27.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No LS 3/5

TO

1. The Chief Educational Officer, Tirunelveli District..

2. The District Educational Officer, (Secondary), Tirunelveli District..

3. The Correspondent, C.C.M. Higher Secondary School, Idaiyangudi, Tirunelveli District.

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K.KUMARESH BABU,J LS WP(MD) No.28175 of 2025 27.10.2025 5/5