Dismissed¶¶31

The Secretary v. Augustin Devaseelan

Madras HC22 Jun 2026REV.APLC(MD)/86/2026

Case brief

AI extract

What is this about?

Madras High Court Madurai Bench; Rev.Aplc(MD).No.86 of 2026 in W.A(MD).No.179 of 2020; review application Order 47 Rule 1 Section 114 CPC; redeployment order 30.08.2019; writ petition dismissed 25.11.2019; writ appeal allowed 25.10.2025; salary for period 06.02.2020 to 27.07.2023; interim stay of deployment order; non-compliance by education officials; liability to pay salary; Department of School Education Tamil Nadu; Chief Educational Officer and District Educational Officer Thoothukudi; Augustin Devaseelan; review dismissed no costs; bench C.V.Karthikeyan and R.Vijayakumar.

What did the court decide?

No records were filed in the typed set of papers to establish that the school to which the writ petitioner was deployed was not closed. ¶¶24

The Secretary Vs Augustin Devaseelan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order dated 25.10.2025 in W.A(MD).No.179 of 2020 (allowing the writ appeal and directing payment of salary for 06.02.2020 to 27.07.2023) contains an error warranting interference in review, given the review applicants' contention that the school to which the petitioner was deployed was not closed and that he chose not to join it. +1 more

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Court's answer

No records were filed in the typed set of papers to establish that the school to which the writ petitioner was deployed was not closed.

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Ratio / Principle

There was an interim stay of the deployment order both in the writ proceedings and at the time of admitting the writ appeal, and the respondent officials did not comply with that order.

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Key takeaways

Because the officers did not choose to comply with the interim order of this Court, they are held liable for payment of salary.ratio¶¶28
The Court found no error in the order dated 25.10.2025 warranting interference in the review application.ratio¶¶31

Detailed headnote1 paragraphs

Review application under Order 47 Rule 1 r/w Section 114 CPC filed by the State education officials (Secretary, Department of School Education; Chief Educational Officer and District Educational Officer, Thoothukudi) seeking review of the order dated 25.10.2025 in W.A(MD).No.179 of 2020, which had allowed the writ appeal of a redeployed teacher and directed payment of salary for the period 06.02.2020 to 27.07.2023. The review applicants contended that the school to which the petitioner was deployed was not closed and that he chose not to join it, so salary ought not be directed. The Court found that no records were filed to establish that the school was not closed, and that the deployment order had been stayed in the writ proceedings with an interim stay continuing at the admission of the appeal; since the officials did not comply with the interim order, they were held liable for payment of salary. Finding no error warranting interference, the Court dismissed the review application without costs.

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Rev.Aplc(MD).No.86 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated 22.06.2026

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CORAM

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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Rev.Aplc(MD).No.86 of 2026 in W.A(MD).No.179 of 2020

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1.The Secretary Department of School Education State of Tamil Nadu, Secretariat Fort St.George, Chennai – 9

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2.The Chief Educational Officer Thoothukudi

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3.The District Educational Officer Thoothukudi ....Petitioners/Respondents

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Augustin Devaseelan ....Respondent/Appellant

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Prayer: Review Application filed under Order 47 Rule 1 r/w Section 114 of CPC to review the order dated 25.10.2025 in W.A(MD).No.179 of 2020.

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For Appellants : Mr.K.K.Udhayakumar Counsel for State of Tamil Nadu

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For Respondent :Mr.A.Arun Prasad

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Rev.Aplc(MD).No.86 of 2026

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O R D E R

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(Made by R.VIJAYAKUMAR,J. )

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The present petition has been filed by the respondents in W.A(MD).No.

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179 of 2020 seeking to review the order dated 25.10.2025.

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2.The writ petition was filed challenging the redeployment order issued to the writ petitioner on 30.08.2019. The writ petition was dismissed along with batch of cases on 25.11.2019. This Court by an order dated 25.10.2025 had allowed the writ appeal with a direction to the petitioners herein to pay salary for the period between 06.02.2020 till 27.07.2023.

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3.According to the review applicants, the School to which the petitioner was deployed was not closed and the petitioner has not chosen to join the said school on his own and in such circumstances, the educational authority cannot be directed to pay salary. Only on the said ground, the review application has been filed.

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4.In the typed set of papers, no records have been filed to establish that the School to which the petitioner was deployed was not closed. In fact, the order of deployment has been stayed in the writ proceedings and at the time of admitting the appeal also, an interim order was granted staying the impugned deployment order. In such circumstances, it is clear that the officers have not chosen to comply with the interim order of this Court and

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Rev.Aplc(MD).No.86 of 2026

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therefore, they are held liable for payment of salary.

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5.Even assuming that the petitioner has not joined the deployed

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School, there is no dispute whatsoever that there was an order of interim stay of deployment order by the Writ Court as well by the Writ Appellate Court and the respondent officials have not complied with the said order.

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6.In such view of the matter, this Court does not find any error in the order warranting interference in the review application. There are no merits in this application. This Review Application stands dismissed. No costs.

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(C.V.K.J.,) (R.V.J.,)

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22.06.2026.

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Index :Yes/No Internet :Yes/No NCC : Yes/No msa

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Rev.Aplc(MD).No.86 of 2026