Petitioner sought approval of her appointment as Secondary Grade Teacher in an aided school following a teacher's retirement. The court directed the school management to submit a fresh approval proposal within three weeks and the District Education Officer to act on it within four weeks thereafter.
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W.P(MD)No.3069 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.09.2025
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P(MD)No.3069 of 2025
Mangalarani ... Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to approve the petitioner's appointment as Secondary Grade Teacher on account of retirement of a teacher in the third respondent school based on the petitioner's representation, dated 02.12.2024 within
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the time that may be stipulated by this Court.
For Petitioner : Mr.G.Thalaimuthurasu
For R-1 & R-2 : Mr.N.Satheesh Kumar Additional Government Pleader For R-3 : No appearance
ORDER
This writ petition has been filed for a writ of Mandamus to direct
the respondents to approve the petitioner's appointment as Secondary Grade Teacher on account of retirement of a teacher in the third respondent school based on the petitioner's representation, dated 02.12.2024 within the time that may be stipulated by this Court.
2. The claim of the petitioner for approval of her appointment was earlier rejected by the Department on the ground that she had been appointed to a non-sanctioned post. The petitioner had unsuccessfully challenged the same before this Court which had culminated into the order made in W.A(MD)No.1661 of 2024, dated 23.09.2024 with liberty to the respondent Management to seek an increase in the staff strength
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and obtain sanction for the said post.
3. Mr.G.Thalaimuthurasu, learned Counsel appearing for the petitioner would now submit that one teacher by name, J.Elizabeth Rani had retired on 31.01.2025. Foreseeing the retirement, the petitioner had made a representation to the respondents to approve her appointment to
the post of the retiring incumbent. However, it is to be noted that the third respondent Management, who has been made a party to this writ petition in spite of notice having been served upon them, had not chosen to enter appearance.
4. In such view of the matter, this Court is inclined to direct the third respondent to submit a fresh proposal for approval of the appointment of the petitioner in the vacancy that arose on 31.01.2025 due to the retirement of J.Elizabeth Rani Secondary Grade Teacher, within a period of three (3) weeks from the date of receipt of a copy of this order. On submission of the proposal by the third respondent, the first respondent shall take necessary action on the said proposal, within a period of four (4) weeks therefrom.
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5. The writ petition stands disposed of with the above directions.
11.09.2025
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
3.The Correspondent, T.D.T.A Primary School, Alagiapadiyapuram, Manur Taluk, Tirunelveli District.
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W.P(MD)No.3069 of 2025
K.KUMARESH BABU, J.
BTR
Order made in W.P(MD)No.3069 of 2025
11.09.2025
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1 issue framed by the court
Whether respondents should approve the petitioner's appointment as Secondary Grade Teacher against the vacancy arising from a teacher's retirement.
1 provisions across 1 enactments
Mangalarani
The District Education Officer, Tirunelveli
The Block Education Officer, Manur Range, Manur, Tirunelveli
T.D.T.A Primary School, Alagiapadiyapuram
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
