IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP Nos.7441 and 7446 of 2026 Siji V Jacob BT Assistant (English)

St. Thomas Higher Secondary School, Marthoma Nagar, Gudalur, The Nilgiris-643 211.

..Petitioner Vs

1. The State of Tamil Nadu, Represented by its Principal 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, Chief Educational Office, Additional Collectorate, Finger Post, Ooty 643 006.

4. The District Educational Officer (Secondary), Additional Collectorate, Finger Post, Ooty 643 006

5. The Correspondent St. Thomas Higher Secondary School, Marthoma Nagar, Gudalur, The Nilgiris-643 211.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the 3rd respondent, Chief Educational Officer in Na.Ka.No.6006/Aa4/2025 dated 30.12.2025, quash the same and further direct 3rd and 4th respondents herein to approve the appointment of the petitioner as secondary Grade Teacher in aided post in the 5th respondent school namely, St. Thomas Higher Secondary School, Marthoma Nagar, Gudalur, the Nilgiris from 08.03.1999 to 03.10.2004 for the purposes of release of salary and other consequential benefits including pension.

For Petitioner : Mr.T.Hari Gopalan for M/s.ISAAC Chambers For Respondents : Ms.Mythreye Chandru Special Government Pleader

ORDER

The present writ petition is filed challenging the impugned order issued by the 3rd respondent, Chief Educational Officer in Na.Ka.No.6006/Aa4/2025 dated 30.12.2025 and further direct the 3rd and 4th respondents to approve the appointment of the petitioner as Secondary Grade Teacher in aided post in the 5th respondent school namely, St. Thomas Higher Secondary School, Marthoma Nagar, Gudalur, the Nilgiris from 08.03.1999 to 03.10.2004 for the purposes of release of salary and other consequential benefits including pension.

2. Brief facts:

2.1. The petitioner possessed BA (English) and B.Ed degrees. Petitioner is presently working as BT Assistant (English) in the fifth respondent School namely, St Thomas Higher Secondary School, Marthoma Nagar, Gudalur, the Nilgiris with effect from 04.10.2004. The fifth respondent School is an aided minority educational institution. The Government grants aid upto 10^th standard. The petitioner was initially appointed as Secondary Grade Teacher in the 5^th respondent school in a sanctioned vacancy that arose due to promotion of one M.Thomas as BT Assistant. Later, the 5^th respondent School by order dated 01.03.1999 cancelled his appointment stating that the approval for the promotion of the previous incumbent Mr.Thomas was rejected by the official respondents. Thereafter, he was appointed as Secondary Grade Teacher in a sanctioned post by order dated 08.03.1999 that fell vacant due to the retirement of the previous incumbent one V.J.Abraham on 31.05.1997. Immediately after his appointment, the fifth respondent School by letter dated 05.05.1999 sent a proposal for approval of his appointment and to release the grant-in-aid. However, the District Educational Officer vide proceedings dated 22.05.1999 refused to approve the appointment stating that there is no norms with regard to the appointment of a BT Assistant against the vacancy arising from a Secondary Grade Teacher post.

2.2. Aggrieved by the non approval, the petitioner filed a writ petition before this Court in W.P.No.12745 of 2000 seeking to quash the G.O.Ms.No.559, Education Department dated 11.07.1995 and for a direction to the respondents to approve the appointment of the petitioner from 08.03.1999 as the petitioner is appointed is sanctioned and approved vacancy of St.Thomas English High School, Gudalur with salary and all other benefits. This Court, by order dated 18.12.2009, granted l