The State of Tamil Nadu Vs The Correspondent

PRAYER:- Writ Appeal - filed under Clause 15 of Letters Patent to set aside the common order dated 12.03.2024 in W.P.(MD)No.693 of 2024 on the file of this Court.

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For Appellants : Mr.J.Ashok, Additional Government Pleader For Respondents : Ms.A.Amala

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JUDGMENT

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(Judgment of the Court was delivered by Dr.ANITA SUMANTH, J.)

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Heard Mr.J.Ashok, learned Additional Government Pleader for

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the appellants and Ms.A.Amala, learned counsel for the respondent.

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Pending this writ appeal, the relief as sought for has been

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granted, subject to the final orders to be passed in the writ appeal.

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The issue in question relates to upgradation of post in linguistic minority schools. We have earlier had an occasion to consider

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this issue in W.A.(MD)No.2592 of 2025, and by order dated 10.09.2025, we have stated as follows,

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3.The Writ Petition came to be allowed. The learned Judge applied the ratio laid down by the Division Benches in the case of The Chief Educational Officer,

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2/5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.2882 of 2025

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Tirunelveli and another Vs. S.Josephin Vijaya and another¹ and in the case of the Government of Tamil Nadu, represented by the Secretary to Government, Department of School Education Vs. J.Remila and others² . In those cases, this Court had applied the directives under G.O.Ms.No.79, School Education Department, dated 14.06.2002.

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4.The above Government Order, as noted by the learned Single Judge, provided for an automatic upgradation of R1's appointment from B.T Assistant (English) to Middle School Graduate Teacher as and when vacancies arose and in light of the aforesaid G.O., a direction was issued to the State to approve her appointment. Consequently, impugned order dated 29.07.2024 was set aside and all consequential benefits were granted.

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5.....

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6.....

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7.The first issue, relating to upgradation has been decided by the Division Benches in the two decisions relied upon by the writ Court in favour of the teachers and the ratio laid down in those decisions has attained finality.

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8.Hence, the position that upgradation of post from B.T Assistant to Graduate level, (Middle Grade Graduate teacher posts) as and when vacancies arise, as per G.O.Ms.No.79, School Education Department, dated 14.06.2002, is automatic, cannot be questioned now. Our attention has been specifically drawn to Clause (iv) of para 2 of the aforesaid G.O., which mentions that sanction is to be obtained from the State prior to upgradation.

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9.However, the interpretation of that G.O by this Court has been to the effect that no such separate sanction is required once the vacancy arises and this interpretation

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1 W.A(MD)No.1497 of 2017, dated 14.12.2017

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2 2018 (1) WLR 410

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3/5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.2882 of 2025

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has been accepted by the State as well. It is therefore too late in the day for the State to attempt this argument now. This issue stands decided in favour of R1 and adverse to the State.

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