S. Flora Stella, Vs the State of Tamil Nadu — Madras HC (2026) — LawSathi Research

S. Flora Stella, Vs the State of Tamil Nadu — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Order of the learned Single Judge modified; respondents 1 to 3 directed to take a call on upgrading the post of Tailoring Instructor Grade – II to Tailoring Instructor Grade – I within four months from receipt of a copy of the order; writ appeal disposed of accordingly; no costs.

Issue for consideration

Whether the appellant, appointed as Tailoring Instructress (placed in the Tailoring Instructor Grade – II pay scale), can be promoted/categorized as Tailoring Instructor Grade – I. +1 more

Court's answer

Although the appellant's appointment order did not spell out the grade, from the fact that she was placed in the pay scale attached to the Tailoring Instructor Grade – II post, the court concluded that she was appointed only as Tailoring Instructor Grade – II.

Ratio / Principle

Per G.O.(Ms)No.600, the post of Tailoring Instructor Grade – I is to be filled up either by direct recruitment or recruitment by transfer from any other service or by transfer from any other class; hence it does not appear to be a promotional post.

Key takeaways

Respondents 1 to 3 were directed to take a call regarding the upgradation of the post of Tailoring Instructor Grade – II to Tailoring Instructor Grade – I, within a period of four months from the date of receipt of a copy of the order.ratio¶37
The order of the learned Single Judge was modified and the writ appeal was disposed of accordingly, with no costs.ratio¶37

Detailed headnote1 paragraphs

Writ Appeal (W.A.(MD)No.1037 of 2022, Madurai Bench of Madras High Court, decided 03.02.2026; judgment by G.R.SWAMINATHAN, J., with R.KALAIMATHI, J.) filed by S.Flora Stella under Clause XV of Letters Patent against the dismissal by the learned Single Judge on 16.06.2022 of W.P.(MD)No.1864 of 2015, in which she had sought categorization as Tailoring Instructor Grade – I with consequential benefits. Appointed Tailoring Instructress vide proceedings dated 08.04.1996 of the Director of Social Welfare Department, her appointment order did not specify the grade, but her placement in the pay scale attached to the Tailoring Instructor Grade – II post led the Bench to conclude she held the Grade – II post. Per G.O.(Ms)No.600, Social Welfare Department, dated 26.07.1980, the Grade – I post is to be filled by direct recruitment or by transfer and is therefore not a promotional post. A proposal from the Director of Social Welfare (letter No.Na.Ka.No.44221/eph;6(1)/2010 dated 11.11.2011) to upgrade the Grade – II post to Grade – I had remained pending before the third respondent. The Division Bench modified the Single Judge's order and directed respondents 1 to 3 to take a call on the upgradation within four months from receipt of a copy of the order; the writ appeal was disposed of accordingly, with no costs.

W.A.(MD)No.1037 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A.(MD)No.1037 of 2022

S.Flora Stella

... Appellant

Vs.

1.The State of Tamil Nadu Rep. by its Secretary to Government, Social Welfare Department, Secretariat, Chennai - 600 009.

2.The Commissioner, Social Welfare Department, Sindhathiripet, Chennai.

3.The Director of Social Welfare, Chennai - 600 005.

4.The District Social Welfare Officer, Trichy.

5.The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai 600 009.

... Respondents

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W.A.(MD)No.1037 of 2022

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.1864 of 2015 dated 16.06.2022 on the file of this Court.

For Appellant : Mr.B.Saravanan, Senior Counsel, For Mr.D.Kirubakaran.

For Respondents : Mr.R.Baskaran, Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Spl. Government Pleader.

JUDGMENT (By G.R.SWAMINATHAN, J.)

Heard the learned senior counsel for the appellant and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.

2.The appellant / Flora Stella was appointed as Tailoring Instructress vide proceedings dated 08.04.1996 issued by the Director of Social Welfare Department. The appellant filed W.P.(MD)No.1864 of 2015 seeking categorization as Tailoring Instructor Grade – I and for payment of consequential benefits. The learned Single Judge vide order

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W.A.(MD)No.1037 of 2022

dated 16.06.2022 dismissed the writ petition. Aggrieved by the same, this writ appeal has been filed.

3.G.O.(Ms)No.600, Social Welfare Department, dated 26.07.1980

is the relevant government order. It envisages the posts of Tailoring Instructor Grade – I as well as Tailoring Instructor Grade – II. It is true that the appointment order of the appellant does not spell about the grade. But then, from the fact that she was placed in the pay scale attached to Tailoring Instructor Grade – II post, we can safely conclude that she was appointed only as Tailoring Instructor Grade – II.

4.The question that calls for consideration is whether she can be promoted as Tailoring Instructor Grade – I. As rightly pointed out by the learned Additional Advocate General, the post as set out in the government order is to be filled up either by direct recruitment or recruitment by transfer from any other service or by transfer from any other class. Thus, Tailoring Instructor Grade – I does not appear to be a promotional post. Probably taking into account this technical difficulty, a proposal emanated from the Director of Social Welfare, Chennai vide

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W.A.(MD)No.1037 of 2022

letter bearing No.Na.Ka.No.44221/eph;6(1)/2010 dated 11.11.2011 for

upgrading the post of Tailoring Instructor Grade – II as Tailoring Instructor Grade – I. In respect of the writ petitioner, it is still pending on the file of the third respondent ever since.

5.We direct the respondents 1 to 3 to take a call regarding the upgradation of the post of Tailoring Instructor Grade – II to Tailoring Instructor Grade – I within a period of four months from the date of receipt of a copy of this order. The order the learned Single Judge is modified and the writ appeal is disposed of accordingly. No costs.

(G.R.S. J.,) & (R.K.M. J.,)

03.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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W.A.(MD)No.1037 of 2022

To:

1.The Secretary to Government, Social Welfare Department, Secretariat, Chennai - 600 009.

2.The Commissioner, Social Welfare Department, Sindhathiripet, Chennai.

3.The Director of Social Welfare, Chennai - 600 005.

4.The District Social Welfare Officer, Trichy.

5.The Secretary to Government, Finance (Pay Cell) Department, Secretariat, Chennai 600 009.

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W.A.(MD)No.1037 of 2022

G.R.SWAMINATHAN, J. and R.KALAIMATHI, J.

ias

W.A.(MD)No.1037 of 2022

03.02.2026

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