R.Santhi v. The Director

ORDER The writ petition has been filed seeking to quash the impugned proceedings of the 2nd respondent dated 15.09.2021 and consequently, direct the respondents to promote the petitioner from Secondary Grade Teacher to B.T.Assistant (Science) with effect from 07.10.2010 on par with the juniors, with all attendant benefits.

¶2The petitioner was appointed as Secondary Grade Teacher in Government Girls Higher Secondary School, Parangipettai, Cuddalore District, on 13.01.1999 . On 21.06.2001, she was transferred and posted as Secondary Grade Teacher in Government Higher Secondary School, Nallikuppam. The petitioner would submit while serving as Secondary Grade Teacher at Nallikuppam, she had completed her degree in B.Sc., (Applied Science) in Annamalai University on 04.10.2006. Subsequently, she had completed her degrees in B.Ed., and M.Sc., Chemistry on 06.10.2010 and 04.10.2012 Page3 of 6 respectively. Vide G.O.Ms.No.65 Higher Education (K2) Department dated

24.04.2019, the B.Sc.,(Applied Science) degree was considered to be equivalent to B.Sc., Chemistry degree.

¶3The petitioner would submit that upon obtaining the B.Ed., degree, she was eligible for promotion for the post of B.T.Assistant. Therefore, the petitioner submitted her representations dated 11.06.2019 and 23.12.2020 seeking promotion on par with her juniors, who were already promoted. Since there was no response to her above representations, she filed W.P.No.5721 of 2021 and the same was disposed of by order dated 09.03.2011, directing the respondents to consider her representation dated 23.12.2020 and to pass orders. Pursuant to the directions of this Court, the second respondent had issued the impugned order dated 15.9.2021, rejecting to consider the candidature of the petitioner for promotion. Hence, the petitioner is before this Court.

¶4Heard the learned counsel on either side and also perused the materials placed on record.

¶5From the records, it appears that the 4th respondent has forwarded the candidature of the petitioner dated 23.12.2010 seeking promotion to the 2nd respondent vide his proceedings dated 29.06.2021. While so, the 2nd respondent Page4 of 6 vide impugned order dated 15.09.2021 has rejected the application of the petitioner that pursuant to G.O.Ms.No.65 dated 24.04.2019, stating that though there are surplus graduate teachers available, there was no posts vacant to fill up the vacancies. Further, a perusal of the communication of the 4th respondent dated 23.12.2010 would show that they had recommended the petitioner's name for promotion along with two others in the sanctioned vacancy. Therefore, the contention that there was no vacancy is totally erroneous. The recommendations of the 4th respondent has not been taken into consideration by the 2nd respondent. The order impugned is a non-speaking one and it has been passed without affording an opportunity to the petitioner to putforth her case.

¶6In the above circumstances, the impugned order cannot be sustained and the same is set aside. This Court without going into the merits of the case, directs the second respondent to consider the candidature of the petitioner afresh after giving due opportunity to the petitioner and pass orders within a period of two months from the date of receipt of a copy of this order.

¶7Accordingly, the writ petition is allowed. No costs. 17-03-2026 Index: Yes/No Speaking/Non-speaking order DS Page5 of 6 To:

¶1The Director Elementary Education Department, Directorate of School Education, DPI Compound, Chennai-600 006.

¶2The Chief Educational officer Office of the Chief Education Officer Cuddalore - 607 001.

¶3The District Educational Officer Office of the District Educational Office, Cuddalore.

¶4The Headmaster Government Girls Higher Secondary School, Nellikuppam, Cuddalore District. Page6 of 6

P.T.ASHA, J. DS 17-03-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA R.Santhi W/o.B.Harikrishnan No.33, Brindhavan Nagar, Roja Street, U.N.Chavadi, Kondur Post,Cuddalore- 607 006. ..Petitioner Vs 1. The Director Elementary Education Department, Directorate of School Education, DPI Compound, Chennai- 600 006. 2. The Chief Educational officer Office of the Chief Education Officer Cuddalore - 607 001. 3. The District Educational Officer Office of the District Educational Office, Cuddalore. 4. The Headmaster Government Girls Higher Secondary School, Nellikuppam, Cuddalore District. ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records in impugned Proceedings in Na.Ka.No.5774/ B1/ 2021 dated 15.09.2021 on the file of the 2nd respondent quash the same, consequently directing the respondents to promote petitioner from secondary Grade Teacher to B.T., Assistant (Science) with effect from 07.10.2010 on par with petitioner other Page2 of 6 juniors with all attendant benefits within a stipulated period of time as fixed by this Court. For Petitioner: Mr.R.Ezhilarasan For Respondents: Mrs.Mythreye Chandru Special Government Pleader for R1 to R4