BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

12.11.2025 09.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.17249 of 2025

and W.M.P.(MD).No.13155 of 2025

S.Syed Mansoor Hussain … Petitioner

-vs-

1.The State of Tamil Nadu,

Represented by its Secretary,

Department of School Education,

Fort St.George, Chennai – 600 009. 2.The Director of School Education,

College Road, Chennai – 600 006.

3.The Chief Educational Officer,

Tiruchirapalli District,

Trichy – 620 001.

4.The District Educational Officer (Secondary),

Tiruchirapalli District,

Trichy – 620 001.

5.The Correspondent Cum Secretary, Khajamian Higher Secondary School, Khaja Nagar, Trichy – 620 020, Trichy District. … Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other order or directions in the nature of a Writ calling for records relating to the impugned proceedings issued by the third respondent Chief Educational Officer in Na.Ka.No.002756/Aa2/2024 dated 17.03.2025, quash the same and further direct the respondents herein to approve forthwith the petitioner's appointment as B.T.Assistant (History) in the fifth respondent school w.e.f. the original date of the petitioner's appointment viz., 03.06.2018, with all attendant benefits including the arrears of salary and allowance and pass such further or other suitable order.

For Petitioner : Mr.SA.Mohamed Ashfalk for Mr.Musfira Praveen J For Respondents : Mr.N.Satheesh Kumar for R1 to R4 Additional Government Pleader : Mr.S.Ramanathan for R5

O R D E R

The above Writ Petition has been filed to quash the impugned proceedings dated 17.03.2025 issued by the third respondent and further direct the respondents herein to approve forthwith the petitioner's appointment as B.T.Assistant (History) in the fifth respondent school w.e.f. the original date of the petitioner's appointment viz.,03.06.2018, with all attendant benefits including the arrears of salary and allowance and pass such further orders.

2. Heard Mr.SA.Mohamed Ashfalk, learned counsel appearing on behalf of Mr.Musfira Praveen, learned counsel for the petitioner, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 and Mr.S.Ramanathan, learned counsel appearing on behalf of the fifth respondent.

3. Mr.SA.Mohamed Ashfalk, learned counsel for the petitioner would submit that one post of BT Assistant (History) fell vacant in the fifth respondent/ school due to the superannuation of the incumbent where the petitioner was appointed as BT Assistant (History) on 03.06.2018. A proposal was forwarded by the fifth respondent/ school to the third respondent seeking approval of his appointment and to disburse grant-in-aid towards the salary. By proceedings dated 08.07.2020, the fourth respondent had returned the proposal seeking for certain clarifications.

4. Aggrieved against the same, the petitioner had approached this Court in W.P.(MD).No.11615 of 2020 and by order dated 14.09.2020, the said proceedings was quashed and the matter was remitted back to the third respondent. As no orders was passed, the petitioner was constrained to file a Contempt Petition in Cont.P.(MD).No.15621 of 2021, wherein statutory notice was issued to the fourth respondent. The respondent had appeared before this Court on 06.01.2023 and sought time to comply with the order and hence, the Court had directed the matter to be listed on 20.01.2023.

5. On 19.01.2023, the fourth respondent had passed orders rejecting the proposals submitted by the fifth respondent/ school holding that as per the staff fixation order, the said post has been rendered as surplus and that the appointment had now been made to a non-sanctioned post. By proceedings dated 19.01.2023, it had come to the knowledge of the petitioner that by proceedings dated 24.03.2021, the fourth respondent had instructed the fifth respondent/ school to resubmit the prop