IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

WA No. 3345 of 2025 AND

CMP NO. 27291 OF 2025

The Secretary / Correspondent

W.T. Masilamani Mudaliar Higher Secondary School,

Walajabad - 631605.

..Appellant

Vs

1.The Chief Education Officer

Kanchipuram.

2.

3.M. Chandran

P.G. Assistant (Economics) W.T. Masilamani

Mudaliar Hr.Sec.School, Walajabad, Kanchipuram.

..Respondents

Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order

passed in WP No.27602 of 2025 dated 14.10.2025.

For Appellant : Mr.G.Sankaran

for Mr.S.Bharathi Rajan

For Respondents : Mr.S.Yashwanth Additional Government Pleader - for R1

Mr.S. Giridharan - for R2

JUDGMENT

(Judgment of the Court was delivered by R.Suresh Kumar J.)

This intra Court appeal has been directed against the order passed by the learned Writ Court dated 14.10.2025 made in W.P.No.27602 of 2025.

2. The second respondent was the writ petitioner. He was B.T.Assistant (Mathematics) and though he was subsequently promoted at the appellant School as P.G.Assistant, that promotion has not been approved so far. Therefore, for all practical purposes, he can be treated as B.T.Assistant (Mathematics).

3. Since he was to superannuate by 31.08.2025, as a pre-emptive action, he had approached the Management to seek extension of his service or re-appointment of his service even beyond the date of superannuation till the end of the academic year of 2025-26 ie., upto 31.05.2026. This request made by the respondent Teacher was turned down by the appellant School Management by order dated

08.07.2025. That order was under challenge in the writ petition.

4. The learned Writ Court, having heard the said writ petition was pleased to allow the writ petition through the impugned order. The reason stated by the writ Court for allowing the said writ petition is that, already there was a Division Bench judgment in the case of " Correspondent, Secretary and Managing Trustee, Salem -vs- M.Rajagopalan and Others" (2008 (1) MLJ 312) and also the twin conditions imposed in the relevant Government Order since has been fulfilled by the teacher, there could be no further impediment to continue in the said school till the end of the academic year.

5. Assailing the said order, Mr.G.Sankaran learned Senior Counsel appearing for the appellant School would contend that, insofar as the respondent teacher is concerned, the performance of the teacher was not according to the expectations because of the poor percentage of results. Already memos were issued against the teacher and this has been accepted by the teacher also. In fact, disciplinary proceedings also has been initiated against the teacher and by way of preliminary enquiry he was directed to appear before the disciplinary authority. Initially he could not appear before the authority but subsequently he sent a letter on 30.12.2013 admitting the mistakes or misdeeds committed by him.

6. Therefore, insofar as the performance of the teacher is concerned, the Management was not fully satisfied. When that being so, the Management was not in a position to accept the request made by the teacher to permit him to continue beyond the date of superannuation. Therefore, the request of the teacher having been considered, was rejected through the order dated 08.07.2025.

7. During the pendency of the writ petition, as the teacher superannuated on

31.08.2025 and thereby retired from service, the classes handled by the teacher since has to be handled by yet another teacher, as a special case the Headmaster of the School was requested to take classes and in the meanwhile, suitable candidate was found viz., one Nivetha and she has been appointed on temporary basis by order dated 07.10.2025 to take classes for the students ie., Mathematics / Economics subjects. Therefore, the learned Senior Counsel would point out that, insofar as the education of the students is concerned, it is not hindered, as for some