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IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 01.10.2026 Pronounced on 07.10.2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 1911 of 2024 And CMP.No.13685 of 2024 CNR: {HCMA010818302024} The Correspondent St. Stanislaus High School, Satthur, Virudhunagar District.

..Appellant Vs

1. The State Of Tamil Nadu Rep. by its Secretary, Education Department, Fort St. George, Chennai - 9.

2. The Chief Educational Officer Virudhunagar District.

3. The District Educational Officer Virudhunagar Dt. S. Maria Singam (Died)

4. M. Joan Mary

5. M. Seviyar Liyonci Bernard

6. M. Alphonse Joseph Derin ..Respondents Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order of this Honble Court dated 20.12.2022 and made in the Writ Petition in WP No.26368 of 2010, in respect of the school management, by allowing the writ appeal.

For Appellant: Dr.Father Xavier Arul Raj, Senior Counsel For M/s.Father Xavier Associates For Respondents: Ms.Y.Kavitha, Additional Government Pleader For RR 1 to 3 Mr.R.D.Ashok Kumar For M/s.S.N.Ravichandran For RR4 to 6

JUDGMENT

(Krishnaswamy Govindarajan,J.)

The unsuccessful 4th respondent in W.P. No. 26368 of 2010 is the appellant herein.

2. For the sake of convenience, the parties will be referred to as per their rank in the Writ Petition.

3. The writ petition was filed for the issuance of a Writ of Certiorarified Mandamus to quash the order passed by the 2nd respondent dated 13.10.2009 and to direct the respondents to grant back wages and continuity in service to the petitioner for the post of Physical Education Teacher in the 4th respondent School with effect from 16.01.1981 with all consequential benefit thereof in the light of G.O.Ms.No.251, Education dept. dated 26.02.1988 and order in WA.No.1407/1998 dated 23.10.1998.

4. It is the case of the writ petitioner that he possessed a lower grade training qualification in Physical Education and was appointed as a Physical Education Teacher in the 4th respondent School with effect from 16.01.1981, in a vacancy caused by the resignation of one Mr. Edmond Roy. His appointment was approved by proceedings dated 28.01.1981, and he was granted regular annual increments and made permanent in the post with effect from 01.01.1983. The second respondent conducted an audit of all schools within his jurisdiction and sent a report. As per the report of the second respondent dated 20.05.1984, the third respondent stopped the payment of salary to the petitioner from July 1984. The petitioner was allowed to work without salary until 1985, after which he was forcibly relieved from the post without any notice and without being afforded an opportunity of being heard.

5. It is the further case of the petitioner that as per G.O. No. 1440, Education Department, dated 14.09.1987, all appointments of Physical Education Teachers with lower grade qualifications were approved and regularized. However, the petitioner service was illegally stopped, and another person was appointed in his place on 17.07.1985. The petitioner filed W.P. No. 5246 of 1990. Because the petitioner lacked financial resources, he approached the legal aid department, which caused a delay in filing the writ petition. The writ petition was allowed on 11.09.1998, against which the Management filed W.A. No. 1407 of 1998. The Department did not file any appeal against the order in W.P. No. 5246 of

1990. The petitioner was reinstated with effect from 28.06.1999, but his back wages were denied. Hence, the petitioner filed W.P. No. 5313 of 2001, which was dismissed on 03.03.2005. Against that dismissal, the petitioner filed W.A. No. 942 of 2005. In that writ appeal, a direction was issued to the petitioner to give a representation to the respondents. Based on that order, the petitioner sent his representation, which was rejected on 13.10.2009. Challenging the rejection order, the petitioner filed the present writ pe