M.Balasubramani, Vs the State of Tamil Nadu — Madras HC (2025) — LawSathi Research

M.Balasubramani, Vs the State of Tamil Nadu — Madras HC (2025) — LawSathi Research

Procedural history

How this case reached the court

AI extract

Order under challenge
Order in Na.Ka.No.2856/A4/2015 dated 28.11.2016 issued by the fourth respondent (District Elementary Educational Officer, Karur District), passed pursuant to the Division Bench remand, regularising the sixth respondent's services with effect from 03.01.2002 and fixing the petitioner's date of regularisation as 20.07.2004 on the ground that he had joined the union accepting the junior-most position.¶59
District Elementary Educational Officer, Karur District (fourth respondent) · 28.11.2016
Prior proceeding
Petitioner filed W.P. No. 6794 of 2010 seeking consideration of his representation dated 04.01.2010, submitted along with five others.¶31
Prior proceeding
W.P. No. 6794 of 2010 was disposed of on 11.03.2013, directing the 2nd respondent to consider the petitioners' representation dated 04.01.2010 on merits and in accordance with law within eight weeks.¶33
Prior proceeding
The Government passed G.O.(3D) No. 35, School Education Department, dated 10.04.2014, directing the six teachers listed therein (who had obtained placement after 03.01.2002 by showing junior-most positions on transfer) to continue to work from the bottom position from 03.01.2002 onwards.¶39
Prior proceeding
Sixth respondent filed W.P.(MD) No. 6177 of 2015, which was disposed of on 21.04.2015; pursuant to that order his services were regularised with effect from 03.01.2002 and he was treated as senior to the petitioner.¶44
Prior proceeding
By order dated 09.11.2015 the fourth respondent downgraded the petitioner from the post of Headmaster, Panchayat Union Primary School, Sengalivalasu, to Secondary Grade Teacher, Panchayat Union Middle School, A. Venkatapuram, on administrative grounds.¶48
Prior proceeding
Petitioner filed W.P.(MD) No. 20615 of 2015 seeking to quash the downgrade order dated 09.11.2015 and the consequential relieving order; by order dated 10.03.2016 this Court allowed the writ petition and quashed both orders.¶48
Prior proceeding
The official respondents (respondents 4 and 5 herein) and the sixth respondent filed W.A.(MD) Nos. 1182 of 2016 and 541 of 2016 challenging the order dated 10.03.2016; both writ appeals were disposed of by a common Division Bench order dated 12.09.2016.¶49
Prior proceeding
By the common order dated 12.09.2016 the Division Bench partly allowed both writ appeals, set aside the learned single Judge's order insofar as it did not remand, and remitted the matter to the District Elementary Educational Officer, Karur District, for fresh consideration after putting M. Balasubramani and S. Senthilkumar on notice, with a reasonable opportunity of personal hearing, and passing orders on merits within eight weeks.¶54
Prior proceeding
Till the District Elementary Educational Officer passed orders in terms of the Division Bench directions, status quo as on the date of that order was to continue, with the sixth respondent holding the post of Headmaster and the petitioner that of Secondary Grade Teacher.¶55
Prior proceeding
The present writ petition was admitted on 24.03.2017; pursuant to notice, the fourth respondent filed a counter affidavit and the sixth respondent filed an independent counter affidavit dated 26.09.2024.¶68