BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI W.A.(MD)No.155 of 2021 AND C.M.P.(MD)No.490 of 2021

1. The State of Tamil Nadu, Rep. 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 District Educational Officer, Melur Educational District, Melur – 625 106, Madurai District. ... Appellants / Respondents Vs.

1. P.Rani ... 1^st Respondent / Writ petitioner

2. The Correspondent, Appar High School, Karuppayurani, Madurai – 625 020. ... 2nd Respondent / 4th Respondent Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 07.09.2018 in W.P.(MD)No.15556 of

2012 and allow the writ appeal.

For Appellants : Mr.R.Baskaran, Additional Advocate General, assisted by, Mr.T.Amjad Khan, Government Advocate.

For R-1 : Mr.K.Ragatheesh Kumar, for M/s.Isaac Chambers.

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J U D G M E N T

This Intra Court appeal is directed against the order dated

07.09.2018 passed by the learned single Judge allowing W.P.(MD)

No.15556 of 2012 filed by the first respondent herein.

2. Vacancy arose in the post of Secondary Grade Teacher in the second respondent school on 05.01.2001. The school management wrote to the department and obtained permission for filling up the said vacancy. The second respondent school is a non-minority institution. The writ petitioner / first respondent herein came to be appointed in the post of Secondary Grade Teacher on 08.08.2002.

3. The school management submitted proposal dated

25.12.2002 to the District Educational Officer, Melur seeking approval of the appointment. The District Educational Officer, Melur recommended to the Director of School Education that the appointment may be approved as a special case.

4. G.O.(Ms)No.130 School Education Department dated

27.09.2004 was issued granting approval for considering the appointment as one on consolidated basis. The writ petitioner's name figured as serial No.1 in the annexure. The writ petitioner was appointed as Secondary Grade teacher with effect from 08.08.2002. Consequential proceedings dated 22.04.2005 was issued by the District Educational Officer, Madurai granting approval with retrospective effect revoking the appointment of the writ petitioner with effect from 02.06.2003 on consolidated basis. It is also admitted that the writ petitioner was brought under the time scale of pay with effect from 01.06.2006.

5. While so, one Padma Sheela Rani filed W.P.(MD)No.1664 of

2005 and her writ petition was allowed by a learned Judge of this Court vide order dated 02.11.2006. The said order was confirmed by the Hon'ble Division Bench. The case of Padma Sheela Rani appears to be similar. Padma Sheela Rani's appointment was approved and she was granted time scale of pay with effect from 08.08.2002 (ie) from the date of appointment. Deriving inspiration therefrom, the writ petitioner herein submitted representation to the Department for approving her appointment with effect from 08.08.2002. Her representation dated 09.07.2012 was rejected by the District Educational Officer, Melur vide proceedings dated 27.09.2012.

Challenging the same, W.P.(MD)No.15556 of 2012 was filed.

6. The learned single Judge was of the view that the writ petitioner deserves to be granted relief on the same lines as granted in W.P.(MD)No.1664 of 2005 on 02.11.2006. In this view of the matter, the writ petition was allowed. Challenging the same, this writ appeal came to be filed.

7. The learned Additional Advocate General submitted that the impugned order has to be reversed and the writ petition has to be dismissed.

8. Per contra, the learned counsel for the writ petitioner submitted that the learned single Judge rightly approached the issue and interference with the same is not warranted. He pointed out that a vacancy arose in a sanctioned post of Secondary Grade Teacher in the year 200