BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 28.11.2025

CORAM:

THE HONOURABLE Dr.JUSTICE ANITA SUMANTH

AND

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

W.A.(MD)No.2893 of 2025

and

CMP(MD).No.16175 of 2025

1. The State of Tamilnadu

Rep. By its Secretary,

Department of School Education,

Fort St. George, Chennai-600 009.

2. The Director of School Education,

College Road, Chennai-600 009.

3. The Joint Director, Vocational Education,

Department of School Education, College Road, Chennai-600 006. 4. The Chief Educational Officer,

Kanniyakumari,

Kanniyakumari District.

5. The District Educational Officer,

Marthandam, Kanniyakumari District.

6. The Headmaster,

Government Higher Secondary School,

Munchirai, Puthukadai,

Kanniyakumari District-629 171.

...Appellants

Vs.

1. M.P.Bindu Saraswathy W/o.Late.C.Suresh Indira Kumar, 17/125A, Narian Codu Padanthalumoodu Post, Kanniyakumari District-629 163.

2. Gopika D/o.Late.C.Suresh Indira Kumar, 17/125A, Narian Codu Padanthalumoodu Post, Kanniyakumari District-629 163.

3. Mathav (Minor), S/o.Late.C.Suresh Indira Kumar, Rep. By his Natural Guardian M.P.Bindu Saraswathy 17/125A, Narian Codu, Padanthalumoodu Post, Kanniyakumari District-629 163.

...Respondents PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 05.04.2024 in WP(MD).No.8179 of 2024 on the file of this Hon’ble Court.

For Appellants : Mr.J.Ashok Additional Government Pleader For Respondents : Mr.T.Cibichakraborthy *****

JUDGMENT

(Judgment of the Court was made by C.KUMARAPPAN, J.

The present Writ Appeal is filed against the order of the learned Single Judge dated 05.04.2024 by and in which the learned Single Judge directed the appellant herein to regularize the husband of the first respondent late C.Suresh Indira Kumar with effect from his date of initial appointment qua from 17.07.1995.

2.For convenience sake, the parties will be referred to according to their litigative status before the learned Single Judge.

3.(a).The brief facts which are necessary for disposal of the present Writ Appeal is that, the first petitioner's husband late.Mr.C.Suresh Indira Kumar was appointed as Vocational Instructor for Basic Electrical Engineering on 17.07.1995 in the 6^th respondent School. Through the G.O.Ms.35, School Education Department dated 09.02.2007 the Government has regularized 622 fully qualified Vocational Instructors appointed before 20.09.1996. Accordingly, the petitioner claims that, late C.Suresh Indira Kumar, who was also appointed prior to 20.09.1996 and was fully qualified, was also eligible to be regularized with effect from the date of his initial appointment. Hence, he preferred a writ petition in WP.No.18183 of 2013 before the Hon'ble Principal Bench of Madras High Court, seeking a direction to the respondents to send him for short term training course in the concerned District Institute of Educational Training and to regularize his service as full time Vocational Instructor in terms of G.O.Ms.No.834 dated 23.09.1994 and G.O.Ms.No.358 dated 18.08.1997.

3.(b).In the above writ petition, vide order dated 04.07.2013, this Court has directed the authorities to send the first petitioner’s husband and other similarly placed persons for a short term training. However, aggrieved with the said order, the State preferred an appeal in WA.No.340 of 2014, wherein the Hon'ble Division Bench vide order dated 03.09.2014 while dismissing the writ appeal gave liberty to the authorities to prefer a Review before the learned Single Judge.

3.(c).In pursuance of the above order, the State Government filed a Review Application in Rev.A.No.276 of 2014, wherein the Court directed the regularization of all the 25 writ petitioners, including the first petitioner's husband. Aggrieved with the order of the Review Petition, when the authority preferred writ Appeal as well as SLP, both got dismissed. After dismissal of SLP, the Authorities vide letter dated 22.08.2019 has directed the petitioner's husband to undergo short term training and in