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2026 Supreme(Online)(Mad) 32900

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
K.Chitra Headmistress, Vinayagar Aided Elementary School, Pandarathan Kadu, Pushpavanam Vedaranyam Taluk – Appellant
Versus
The Chief Educational officer Nagapattinam district – Respondent
W.P.No.6634 of 2020



Advocates:
For the Appellants/Petitioners: Mr. S.Kingston Jerold
For the Respondents: Mrs.Mythreye Chandru Special Government Pleader for R1 to R4

Court directs competent authority to consider and regularize teacher's promotion as Headmistress on merits after hearing parties.

Headnote:The petitioner, serving as a Secondary Grade Teacher since 1996, was appointed Headmistress on 01.06.2019 following the retirement of the previous Headmaster, in accordance with eligibility norms under Article 226 of the Constitution of India. A challenge to this promotion was dismissed by the Court on 27.02.2024, affirming the appointment. Educational authorities failed to regularize it, denying salary increments and benefits despite representations. The Court found inaction by authorities warranting direction for consideration. Issues framed include regularization of promotion and consideration of representations post-affirmation by Court. The ratio decidendi emphasizes directing competent authority to decide on merits after hearing parties, without opining on case merits. The Writ Petition stands disposed of with directions to the 4th respondent to consider representations and pass orders within two months; no costs.

Table of Content
1. petition seeks regularization of headmistress appointment from 2019 with benefits. (Para 1 , 2)
2. respondents submit 4th respondent is competent; court hears both sides. (Para 3 , 4)
3. direct 4th respondent to consider representations on merits with hearings within 2 months; dispose petition. (Para 5 , 6)

PRAYER: The Writ Petition has been filed under Article 226 of theConstitution of Indiafor the issuance of a Writ of Mandamus directing the 2ndrespondent to regularize the petitioner’s appointment as Headmistress with effect from 01.06.2019 together with all consequential benefits including salary, increments, and entitlement by way of considering her representation dated 09.07.2024 For Petitioner(s): Mr. S.Kingston Jerold For Respondent(s): Mrs.Mythreye Chandru Special Government Pleader for R1 to R4

ORDER

The petition has been filed seeking issuance of a Writ of Mandamus directing the 2nd respondent to regularize the petitioner’s appointment as Headmistress with effect from 1.06.2019 together with all consequential benefits including salary, increments, and entitlement by way of considering her representation dated 09.07.2024.

2. The case of the petitioner is that she has been serving as a Secondary Grade Teacher in the 4th respondent School since 14.02.1996. Upon the retirement of the erstwhile Headmaster, she was appointed as Headmistress on 01.06.2019, by the School Management in accordance with the prevailing eligibility norms. Notwithstanding the same, the petitioner’s promotion as Headmistress was challenged by one Gajalakshmi in W.P.No.6634 of 2020. This Court, vide order dated 27.02.2024, dismissed the Writ Petition, thereby affirming the petitioner’s position. Even then the Educational Authorities have failed to regularize the petitioner’s appointment, continuing to treat her as an ‘in-charge” Headmistress. This inaction has resulted in the denial of her legitimate salary increments and other service benefits. Therefore, the petitioner subsequent representations dated 09.07.2024 and 03.03.2026 remain unconsidered till date. Aggrieved by the continued inaction of the respondents, the petitioner has preferred the present Writ Petition.

3. The learned Special Government Pleader appearing for the respondents submitted that the 4th respondent is the competent authority to consider the matter and pass appropriate orders.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the 4th respondent to consider the petitioner’s representations dated 09.07.2024 and 03.03.2026 seeking regularisation of her appointment as Headmistress. The 4th respondent shall pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as the said Gajalakshmi, within a period of two (2) months from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above directions. There shall be no order as to costs.

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