High Court · 2025

W.A.No.607 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.03.2025CORAM :THE HONOURABLE MR. JUSTICE S.S. SUNDARANDTHE HONOURABLE MR. JUSTICE C. SARAVANANW.A.No.607 of 2021andC.M.P.No.2660 of 20211.The Director, Elementary Education, DPI Campus, Nungambakkam, Chennai – 600 006.2.The District Elementary Educational Officer, Nagapattinam District, Nagapattinam.3.The Assistant Elementary Educational Officer, Sirkali Union, Sirkali, Nagapattinam District.4.The Additional Assistant Elementary Educational Officer, Sirkali Union, Sirkali, Nagapattinam District. ... PetitionersVs.1.V.ChitraPage 1 https://www.mhc.tn.gov.in/judis W.A.No.607 of 20212.A.Selvaraj3.T.Ravichandran4.S.Juliet5.K.Rathipriya6.S.Kalavathi7.P.Gowriammal8.U.Latha9.R.Vijayalakshmi10.G.S.Shanthi11.S.Chitra12.B.Malathi13.V.Shanthi .. RespondentsPrayer : Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P.No.12421 of 2017, dated 10.07.2019. For Appellants :Mr.UM RavichandranSpecial Government PleaderFor R1:Mr.NGR Prasadfor M/s.Row and ReddyFor R2 to R5 & R7 to R13:Mr.M.Balasubramanian(No appearance)R6:RefusedPage 2 https://www.mhc.tn.gov.in/judis W.A.No.607 of 2021J U D G M E N T(Judgment was delivered by S.S. SUNDAR, J.)This Writ Appeal is preferred by the respondents 1 to 4 in W.P.No.12421 of 2017 as against the order allowing the writ petition by order dated 10.07.2019. 2.Brief facts that are necessary for the disposal of this Writ Appeal are as follows :The appellants herein will be referred to as official respondents. Similarly, the 1st respondent in this Appeal is referred to as writ petitioner. The writ petitioner joined the Municipality School at Mayiladuthurai on 18.01.1989 as Secondary Grade Teacher. It is admitted that the writ petitioner completed her probation on 17.01.1991. On 18.01.1999, at the request of the writ petitioner, she was transferred from the Municipality School at Mayiladuthurai to Thiruvali Middle School, Sirkali Union. It is also admitted that the writ petitioner, at the time of transfer, had foregone her seniority in the earlier station as Secondary Grade Teacher at Page 3 https://www.mhc.tn.gov.in/judis W.A.No.607 of 2021Mayiladuthurai. It is also admitted that, in the seniority list published in the year 2010, the respondents 13 to 16 in the writ petition (respondents 10 to 13 in this Appeal) were placed above the writ petitioner. It is the case of the writ petitioner that she cannot be placed below some of the respondents in the writ petition who had not completed their probation. It is admitted by the writ petitioner that some of the respondents had completed their probation at the time when the writ petitioner was transferred to Sirkali Union. However, the seniority list was published on 01.01.2017 where the writ petitioner was placed below the private respondents 5 to 16 in the writ petition. Most of the private respondents in the writ petition were transferred to this Union before completion of probation and they had not completed their probation at the time when the petitioner was transferred to Sirkali Union. The writ petitioner submitted a representation to the 2nd appellant. The 2nd appellant, by communication dated 05.04.2013, informed the writ petitioner that she had been rightly placed below the private respondents. The seniority list for the year 2017 was also published by the appellants and therefore, the 1st respondent filed the writ petition challenging the seniority list of the year 2017 showing the writ petitioner Page 4 https://www.mhc.tn.gov.in/judis W.A.No.607 of 2021below all the private respondents in the writ petition. 3.Before the learned Single Judge, the writ petitioner relied upon the proceedings of the Director of Elementary Education, Chennai, to show that the approved probationers in the same Union should be placed first and the approved probationers of the other Unions who come into the Union by way of transfer should be placed below that of the approved probationers. The learned Single Judge, relying upon the judgment in a similar case in W.A.No.236, 437 and 276 of 2006, dated 09.03.2007, wherein, it is held that seniority of such teachers coming on transfer, if he/she is an approved probationer, will be placed below the approved probationers working in that Union but above the persons who had not completed probation, held that except 13, 15 and 16, all other private respondents whose probation was not declared should be placed below the writ petitioner. Therefore, the seniority list of Secondary Grade Teachers for the year 2017 published by the appellants 3 and 4, dated 01.01.2017, was set aside and the appellants were directed to re-fix the writ petitioner's seniority over and above respondents 5 to 12 and 14 in the writ petition in the cadre of Secondary Page 5 https://www.mhc.tn.gov.in/judis W.A.No.607 of 2021Grade Teachers along with consequential benefits.4.Aggrieved by the same, official respondents in the writ petition have preferred the above Writ Appeal.5.Even in the Additional Typed Set of Papers filed by the appellants, the proceedings of the Director of Elementary Education, dated 15.11.2001, is furnished by the appellants. From the proceedings, this Court is able to see that a specific clarification is issued in respect of cases where transfer of Secondary Grade Teachers from one Union to another Union. Para No.17(1) of the said proceedings, dated 15.11.2001, reads as follows :“17. (1) xd;wpak; tpl;L xd;wpak; khWjypy; tUk; ,ilepiy Mrphpah;fSf;F Kd;Dhpik eph;zak; bra;a[k;bghGJ. mth;fs; g[jpa xd;wpaj;jpy; gzpapy; nrh;e;j njjpapy;. jFjpfhz; gUtk; Koe;jpUe;jhy; g[jpa xd;wpaj;jpy; Vw;fdnt gzpg[hpgth;fspy; jFjpfhz; gUtk; Koj;jth;fSf;F ,isnahuhft[k; jFjpfhz; gUtk; Kof;fhjth; vd;why; Vw;fdnt gzpg[hpgth;fspy; jFjpfhz; gUtk; Kof;fhjth;fSf;F ,isnahuhft[k; eph;zak; bra;ag;glntz;Lk; vd bjspt[iufs; gyKiw mspf;fg;gl;Ls;sJ/”Page 6 https://www.mhc.tn.gov.in/judis W.A.No.607 of 20216.From the subsequent paragraphs, it is seen that there is no scope for placing the Secondary Grade Teachers, who come on transfer from another Union who have already completed probation, below the Secondary Grade Teachers who had not completed their probation in the present Union. The following table which is found in the judgment of learned Single Judge is not disputed :Petitioner/Respondent Nos.NameDate of RegularizationDate of completion of probationDate of joining in Sirkali UnionSeniorityPetitionerV.Chitra18.01.198917.01.199118.01.1999195A.Selvaraj28.07.199727.07.199928.07.199776T.Ravindran28.07.199727.07.199928.07.199787S.Juliet28.07.199727.07.199928.07.199798K.Rathipriya28.07.199704.08.199928.07.1997109S.Kalavathi01.08.199729.09.199901.08.19971110P.Gowriammal01.08.199729.09.199901.08.19971211U.Latha01.08.199731.07.199901.08.19971312R.Vijayalakshmi21.11.199713.12.199910.07.19981413G.S.Shanthi15.10.199614.10.199814.07.19981514S.Chitra30.07.199709.09.199915.07.19981615B.Malathi15.10.199614.10.199817.07.19981716V.Shanthi09.10.199608.10.199821.07.199818Page 7 https://www.mhc.tn.gov.in/judis W.A.No.607 of 20217.From the above table, it is seen that the writ petitioner who had completed her probation on 17.01.1991 and joined in Sirkali Union on 18.01.1999 should be placed above all the persons who had not completed probation on the date when the writ petitioner joined in Sirkali Union. Therefore, this Court finds no merit in the Appeal and the order of the learned Single Judge is perfectly in order. This Court finds no valid reason to take a different view. 8.Hence, this Writ Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (C.S.N., J.) 27.03.2025mknInternet : YesIndex : YesNeutral Citation : Yes Page 8 https://www.mhc.tn.gov.in/judis W.A.No.607 of 2021To1.The Director, Elementary Education, DPI Campus, Nungambakkam, Chennai – 600 006.2.The District Elementary Educational Officer, Nagapattinam District, Nagapattinam.3.The Assistant Elementary Educational Officer, Sirkali Union, Sirkali, Nagapattinam District.4.The Additional Assistant Elementary Educational Officer, Sirkali Union, Sirkali, Nagapattinam District.Page 9 https://www.mhc.tn.gov.in/judis W.A.No.607 of 2021S.S. SUNDAR , J. andC. SARAVANAN, J.mknW.A.No.607 of 202127.03.2025Page 10