The Chief Educational Officer v. A.Kavitha Antony

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.(MD)No.2673 of 2026 1.The Chief Educational Officer, Tenkasi District.

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

...Appellants Vs.

1.A.Kavitha Antony 2.The Correspondent, St.Jospeh's High School, Vaikalipatti, Tenkasi District.

...Respondents

PRAYER:- Writ Appeal - filed under Clause 15 of the Letters Patent, to set aside the order dated 24.10.2025 made in W.P.(MD)No.28209 of 2025 on the file of this Court.

For Appellants : Mr.J.Ashok Additional Government Pleader For Respondents : Mr.V.Panneer Selvam (R1) 1/5

JUDGMENT

(Judgment of the Court was delivered by N.SATHISH KUMAR, J.) The instant writ appeal is filed challenging the order of this Court dated 24.10.2025 in W.P.(MD)No.28209 of 2025 in and by which the authorities were directed to approve the appointment of the writ petitioner from 04.04.2024, ie., the date of her actual appointment as BT Assistant.

2.The appointment of the writ petitioner had originally been approved by the respondent with effect from 20.09.2024, namely from the date of upgradation of the post of Secondary Grade Teacher to B.T. Assistant. The writ petitioner challenged the said order in the writ petition, contending that her appointment ought to have been approved from the date of her initial appointment, i.e., 04.04.2024. 3.The learned Single Judge, taking into consideration the judgment of the Division Bench of this Court in W.P.(MD) No.15506 of 2021 and also G.O.Ms.No.79, School Education Department, dated 2/5

14.06.2002, held that the upgradation of the post of Secondary Grade Teacher as B.T. Assistant is automatic and does not require prior permission from the authorities. Aggrieved by the said order, the State has preferred the present writ appeal.

4.The learned Additional Government Pleader contended that since prior approval had not been obtained before passing the order of upgradation, the learned Single Judge ought not to have issued a direction to approve the appointment from the earlier date. 5.We have perused the materials available on record. 6.We are unable to accept the submissions of the learned Additional Government Pleader for the simple reason that, as per G.O.Ms.No.79, School Education Department, dated 14.06.2002, the upgradation of the post of Secondary Grade Teacher as B.T. Assistant is automatic and does not require permission from the authorities. The said Government Order is not disputed. The same position has also been reiterated by a Division Bench of this Court in W.A.(MD) No.2075 of 2024.

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7.In view of the above, we do not find any merit in this writ appeal. Accordingly, this Writ Appeal is dismissed. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.

[N.S.K., J.] & [M.J.R., J.] 03.03.2026 Index :Yes/No Internet :Yes ta 4/5

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta 03.03.2026 5/5