← Library
Madras High CourtWP(MD)/28346/2025allowed

M.Anto Virgin Mary 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 and WMP(MD)No.22027 of 2025 M.Anto Virgin Mary ... Petitioner Vs

1. The Chief Educational Officer, Tenkasi District.

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

3. The Correspondent, St.Joseph's High School, Vaikalipatti, Tenkasi District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue aWRIT OF CERITIORARIFIED MANDAMUS, calling for the records pertaining to the order passed by the 1st respondent in his proceedings in Na. Ka. No. 1420(3)/A2/2025 dated 20.06.2025 in so far as denial of approval from 29.11.2022 to 1/5

19.09.2024 and QUASH the same and direct the respondents to approve the appointment of the petitioner as B.T.Assistant (Science) from the date of appointment i.e., from 29.11.2022 with salary and all other consequential benefits.

For Petitioner : Mr. V.Panneer Selvam, Advocate.

For Respondent : Mr. N.Satheesh Kumar Additional Government Pleader

ORDER

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1st respondent in his proceedings in Na. Ka. No. 1420(3)/A2/2025 dated 20.06.2025 in so far as denial of approval from 29.11.2022 to 19.09.2024 and quash the same and direct the respondents to approve the appointment of the petitioner as B.T.Assistant (Science) from the date of appointment i.e., from 29.11.2022 with salary and all other consequential benefits.

2. The petitioner had been appointed on 22.12.2023 as BT Assistant in Science and a proposal was forwarded by the third 2/5

respondent management on 20.02.2024 and the same had been returned calling upon the third respondent management to take steps for upgradation of the Secondary Grade post as BT Assistant. Such upgradation order was also issued on 20.09.2024. Pursuant to other various proceedings, the appointment of the petitioner was made from 20.09.2024 that is from the date of conversion of the Secondary Grade post as BT Assistant and not from the actual date of appointment. Hence, the present writ petition had been filed.

3. The issue is no longer res integra. A Hon'ble Division Bench of this Court in W.A(MD)No.998 of 2020 which had been filed challenging an order of the learned Single Judge, upheld the reasonings given by the learned Single Judge to grant approval of appointment from the date of appointment to the post which was originally granted by the authorities from the date of conversion. Conversion of a sanctioned post is automatic and that therefore any appointment made to a post that is to be converted would have to be only approved from the date of the appointment.

3/5

4. In view of the same, this writ petition is disposed of with a direction to the first respondent to approve the appointment of the petitioner from the date of her initial appointment namely 22.12.2023 and grant her all monetary and other benefits as eligible to her. Such exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition stands closed.

27.10.2025 NCC : yes / no Index : yes / no Internet : yes / no pnn To

1. The Chief Educational Officer, Tenkasi District.

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

3. The Correspondent, St.Joseph's High School, Vaikalipatti, Tenkasi District.

4/5

K.KUMARESH BABU, J.

pnn

ORDER

IN and WMP(MD)No.22027 of 2025 Date : 27/10/2025 5/5