IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.Nos.2849 & 2852 of 2025 D.Sahila Jancy ..Petitioner(s)

Vs.

1. Director Of The Welfare Of Differently Abled Directorate of the Welfare of Differently Abled Lady Wellington College Campus, Kamaraj Salai, Chennai 600 005.

2. The District Differently Abled Welfare Officer DMS Campus, Teynampet, Chennai 600 018.

3. The Correspondent, CSI Higher Secondary School for the Deaf, 12, Santhome High Road, Mylapore, Chennai 600 004.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of certiorarified mandamus, calling for the records relating to the impugned order dated 13.09.2024 Ref. Na.Ka. No 8085761 / Si Pa. Ni. 2 / 2024 passed by the 1st respondent and the consequential order dated 12.11.2024 Ref. No Na.Ka. No 215/ A/ 2023 passed by the 2nd respondent and quash the same and consequently direct the respondents 1 and 2 to approve the appointment of the petitioner as Headmistress of the 3rd respondent school and release all her salary benefits payable to her by applying the scale applicable for BT teacher with effect from 01.06.2006 to 04.08.2024 and her salaries and consequential benefits from the date of reinstatement with effect from

13.10.2023.

For Petitioner(s): Mr.S.Thanka Sivan For Respondent(s): Mr.R.U.Dinesh Raj Kumar Additional Govt. Pleader for R1 and R2 Ms.Radhini.V for R3

ORDER

This Writ Petition has been filed challenging the impugned order dated

13.09.2024 passed by the 1st respondent and the consequential order dated 12.11.2024 passed by the 2nd respondent and quash the same and consequently direct the respondents 1 and 2 to approve the appointment of the petitioner as Headmistress of the 3rd respondent School and release all her salary benefits payable to her by applying the scale applicable for BT teacher with effect from 01.06.2006 to 04.08.2024 and her salaries and consequential benefits from the date of reinstatement with effect from 13.10.2023.

2. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as a Secondary Grade Teacher in the 3^rd respondent School and a departmental proceeding was initiated against the petitioner, on the allegation that she had assaulted a student by name Raghavaraj on

09.08.2014 and subsequently, the said student died on 25.01.2016 on account of medical complication. On the above allegations, enquiry was conducted and it was found that there was no nexus in the cause of the death of the student and injuries alleged to be caused by the petitioner on the deceased student. Thereafter, enquiry was conducted, the District Welfare Officer (Differently abled) appointed as enquiry officer. The Enquiry Officer filed a report recommending that the petitioner should be punished for having assaulted the differently abled student and transfer the petitioner to some other school. Based on the enquiry report, the Disciplinary authorities imposed a punishment of dismissal from service vide order dated 28.02.2017. The said punishment was challenged before this Court in W.P.No.7030 of 2017 and this Court, by its order dated 27.07.2021 granted liberty to the petitioner to make a representation to the Management for ventilating the grievance and direct the 3^rd respondent School Management to send a proposal to the authorities concerned / 1^st respondent expressing grievance as well as on the the punishment imposed by them through order dated 28.02.2017 and pass appropriate orders.

3. Pursuant to the said order by this Court, a proposal was sent once again by the School Management however, prior to that, the Joint Director submitted a report dated 17.02.2022 . Once again, final order has been passed on 13.05.2022 by the 1^st respondent wherein, the 3^rd respondent School Management was directed to reinstate the petitioner in service and further directed to treat the period from 28.02.2017 till her date of jo