T.Saratha Prabavathy v. The District Educational Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.28254 of 2025 T.Saratha Prabavathy ... Petitioner /vs./ 1.The District Educational Officer (Elementary) Tirunelveli District.

2.The Block Educational Officer, Manoor, Tirunelveli District.

3.The Correspondent, T.D.T.A. Primary School, Alangaraperi, Tirunelveli 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 order passed by the first respondent in his proceedings in Na.Ka.No. 2029/A4/2024, dated 22.06.2024 in so far as denial or approval from 04.06.2019 to 19.04.2023 and quash the same and direct the respondents to approve the appointment of the petitioner as Secondary Grade Teacher from the date of appointment i.e., from 04.06.2019 with salary and all other consequential benefits.

For Petitioner :

Mr.V.Panneer Selvam 1/4

For Respondents :

Mr.N.Satheesh Kumar AGP

ORDER

The petitioner herein was appointed on 04.06.2019 as Secondary Grade Teacher in a permanent sanctioned vacancy. However, the proposal sent by the third respondent school was considered by the second respondent and her appointment was approved only from 20.04.2023 by indicating that the corporation management of the third respondent school had redeployed all the surplus teachers only during the academic year 2022 - 23.

2. It is not disputed that the petitioner had been appointed on 04.06.2019, when the concept of corporate/ joint management surplus has not been envisaged except by a circular issued by the Joint Director which had not force of law. The Join/ Corporate Management Surplus for which guidelines were framed was made by the judgment of this Court in W.A.(MD).No.76 of 2019 etc., batch on 31.03.2021 had been held to be only prospective.

3. In view of the same, the impugned order on the premise that there was Corporate Management Surplus at the time when the petitioner was appointed 2/4

cannot hold good for approving her appointment only from the subsequent date namely on which the Corporate Management teachers were all deployed.

4. For the aforesaid reasonings, the Writ Petition stands allowed and the respondents are directed to approve the appointment of the petitioner from the date of her appointment ie., 04.06.2019 and such exercise shall be carried out by the first respondent within a period of eight (8) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. 27.10.2025 Index : Yes / No Internet : Yes / No GBA To 1.The District Educational Officer (Elementary) Tirunelveli District.

2.The Block Educational Officer, Manoor, Tirunelveli District.

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K.KUMARESH BABU, J.

GBA Order made in W.P.(MD)No.28254 of 2025 27.10.2025 4/4