High Court · 2025

W.A No. 3345 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 05-11-2025CORAMTHE HON'BLE MR JUSTICE R. SURESH KUMARANDTHE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDARWA No. 3345 of 2025 ANDCMP NO. 27291 OF 2025The Secretary / CorrespondentW.T. Masilamani Mudaliar Higher Secondary School, Walajabad - 631605...Appellant Vs1.The Chief Education OfficerKanchipuram.2.M. ChandranP.G. Assistant (Economics) W.T. Masilamani Mudaliar Hr.Sec.School, Walajabad, Kanchipuram...RespondentsPrayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order passed in WP No.27602 of 2025 dated 14.10.2025.For Appellant :Mr.G.Sankaran, Senior Counsel for Mr.S.Bharathi RajanFor Respondents :Mr.S.YashwanthAdditional Government Pleader - for R1Mr.S. Giridharan - for R2Page 1 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025JUDGMENT(Judgment of the Court was delivered by R.Suresh Kumar J.) This intra Court appeal has been directed against the order passed by the learned Writ Court dated 14.10.2025 made in W.P.No.27602 of 2025.2. The second respondent was the writ petitioner. He was B.T.Assistant (Mathematics) and though he was subsequently promoted at the appellant School as P.G.Assistant, that promotion has not been approved so far. Therefore, for all practical purposes, he can be treated as B.T.Assistant (Mathematics).3. Since he was to superannuate by 31.08.2025, as a pre-emptive action, he had approached the Management to seek extension of his service or re-appointment of his service even beyond the date of superannuation till the end of the academic year of 2025-26 ie., upto 31.05.2026.This request made by the respondent Teacher was turned down by the appellant School Management by order dated 08.07.2025. That order was under challenge in the writ petition. 4. The learned Writ Court, having heard the said writ petition was pleased to allow the writ petition through the impugned order. The reason stated by the writ Court for allowing the said writ petition is that, already there was a Division Bench judgment in the case of " Correspondent, Secretary and Managing Trustee, Salem -vs- M.Rajagopalan and Others" (2008 (1) MLJ 312) and also the twinPage 2 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025conditions imposed in the relevant Government Order since has been fulfilled by the teacher, there could be no further impediment to continue in the said school till the end of the academic year.5. Assailing the said order, Mr.G.Sankaran learned Senior Counsel appearing for the appellant School would contend that, insofar as the respondent teacher is concerned, the performance of the teacher was not according to the expectations because of the poor percentage of results. Already memos were issued against the teacher and this has been accepted by the teacher also. In fact, disciplinary proceedings also has been initiated against the teacher and by way of preliminary enquiry he was directed to appear before the disciplinary authority. Initially he could not appear before the authority but subsequently he sent a letter on 30.12.2013 admitting the mistakes or misdeeds committed by him.6. Therefore, insofar as the performance of the teacher is concerned, the Management was not fully satisfied. When that being so, the Management was not in a position to accept the request made by the teacher to permit him to continue beyond the date of superannuation. Therefore, the request of the teacher having been considered, was rejected through the order dated 08.07.2025.Page 3 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 20257. During the pendency of the writ petition, as the teacher superannuated on 31.08.2025 and thereby retired from service, the classes handled by the teacher since has to be handled by yet another teacher, as a special case the Headmaster ofthe School was requested to take classes and in the meanwhile, suitable candidate was found viz., one Nivetha and she has been appointed on temporary basis by order dated 07.10.2025 to take classes for the students ie., Mathematics / Economics subjects. Therefore, the learned Senior Counsel would point out that, insofar as the education of the students is concerned, it is not hindered, as for some time the classes were taken by the Headmaster and subsequently a teacher has been appointed by order dated 07.10.2025.8. We have heard Mr.S.Giridhar, learned counsel for the second respondent / writ petitioner, who vehemently contended that, insofar as the Government Order to that effect is concerned, there are two grounds, if that is satisfied the teacher is entitled to continue till the end of the academic year; the first condition is that the conduct and character of the teacher must be good and the teacher's health condition should be good. As far as this teacher is concerned, since both the conditions are fulfilled, he is very much entitled to get the benefit of continuation even beyond his superannuation.9.It is the further contention of the learned counsel for the respondent teacher that, it is the right conferred on the teacher by the said Government Order Page 4 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025that, once a teacher is getting retired by virtue of superannuation during the midstream of the academic year, he is very much entitled to continue in the school concerned till the end of the academic year, and since that right has been conferred on the teacher by way of the Government Order, the same cannot be taken away unless he has not fulfilled the two conditions that have been stipulated in the Government Order.10. We have heard the rival contentions of the learned counsel for both sides and have perused the materials placed on record.11. Insofar as the right of the teacher to continue even beyond the date of superannuation till the end of academic year, nowhere in the Government Order a right has been given as if that a teacher is vested with a right to continue till the end of the academic year.12. In this context, the relevant paragraph of the Government Order is extracted hereunder:" 5/ nkny Ie;jhtjhfg; gof;fg;gl;l gs;spf;fy;tp Mizahpd; fojj;jpy; elg;g[ fy;tpahz;L (2022?2023) Kjy; muR - muR epjp cjtp bgWk; gs;spfspy; gzpg[hpa[k; Mrphpah;fs; fy;tpahz;od; ,ilapy; taJ Kjph;tpd; fhuzkhf Xa;tpy; bry;y mDkjpf;fg;god; fy;tpahz;L Page 5 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025Kotila[k; tiu mg;gzpaplk; g{h;j;jp bra;ag;glhj epiyapy; fw;wy; fw;g;gpj;jy; bray;ghLfSf;F Mrphpah;fs; ,y;yhj epiyapid jtph;f;ft[k; gzp ghjpf;ff; TlhJ vd;gij fUjpa[k; fle;j Mz;Lfis nghynt Mrphpah;fSf;F fy;tpahz;od; ,Wjp tiu kWepakd mog;gilapy; gzpePl;og;g[ tH';Ftjw;F mDkjp mspj;J Miz tH';FkhW muirf; nfl;Lf; bfhz;Ls;shh;/6/ gs;spf; fy;tp Mizahpd; fUj;JUtpid muR ftdKld; ghprPypj;jJ/ khzth;fspd; fy;tp eyd; fUjp. fw;g;gpj;jy; gzp ghjpf;fg;glf;TlhJ. vd;gij fUj;jpy;. bfhz;L 2022?23 Mk; fy;tpahz;L Kjy; nkny ehd;fhtjhfg; gof;fg;gl;l xU';fpize;j tHpfhl;L bewpKiwfis gpd;gw;wpmuR - muR epjp cjtp bgWk; gs;spfspy; gzpg[hpa[k; Mrphpah;fSf;F fy;tpahz;od; filrp ntiy ehs; tiu (Upto the end of Academic Session) njitg;gLk; Mrphpah;fSf;F kWepakdk; tH';f muR mDkjp mspj;J Mizaplg;gLfpwJ/"13. The English translation of the Government Order reads thus:" In the letter of the Commissioner of School Education, 5th referred in order to avoid the situation of teachers of not being available for teaching and learning activities, while the post is not filled by the end of the academic year and in the interest of the education of the students and to prevent affecting the teaching work, the Government was requested to issue orders for allowing teachers working in government / government aided schools from the current academic year (2022-2023) who retire due to age of superannuation age in the middle of the academic year to on a re-Page 6 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025appointment basis until the end of the academic year, as in previous years.6. The Government has carefully considered the proposal of the Commissioner of School Education. Keeping in view the interests of the students and keeping in mind that teaching work should not be affected, the Government hereby orders and permits the re-appointment of teachers working in Government / Government aided schools, subject to requirement (Upto the end of academic session), from the academic year 2022-23, following the consolidated guidelines published in the Government order cited 4th referred above."14. On a careful reading of the said Government Order especially Paragraph 6, makes it clear that by the said Government Order permission is granted to the institution ie., the School concerned to re-employ the teacher who superannuates during the midstream. Therefore, it is only an enabling Government Order, under which the School Management can utilize the services of a teacher who retired during the midstream due to superannuation. If at all the school Management does not want to take the services of the teacher continuously even beyond superannuation, of course for the reasons like the performance is not satisfactory to the Management and there has been complaints against the teacher and there has been disciplinary proceedings against the teacher, in those circumstances, no one can compel the Management of the school to take the teacher concerned to continue even beyond superannuation till the end of the academic year.Page 7 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 202515. The said Government Order No.115 cannot be construed as has been stated by the learned counsel for the second respondent teacher confers some right who retires during the midstream. In fact, it is an enabling Government Order for the Management only to make a stop gap arrangement or to enable the Management to continuously engage the teacher who has been working in the school and retired during the midstream, for the welfare of the students as their education should not get affected.16. Therefore, no such right has been conferred by the said Government Order No.115, School Education Department dated 28.06.2022 on any such teacher who is getting retired during the midstream. Such a plea or right cannot be sought to be implemented, that too, by seeking a writ of mandamus under Article 226 of the Constitution of India.17. This view has not been considered in proper perspective by the learned Writ Court while disposing the said writ petition. Moreover, insofar as the students' welfare is concerned, it is brought to our notice by the learned Senior Counsel that, yet another teacher having been identified, was appointed on 07.10.2025 and she is taking classes for the students. Therefore, the students' education is not getting affected and that has also been brought to our notice by filing the proceedings dated 07.10.2025 under which appointment order has been given to a new incumbent. When that being the position, neither the education of the students is gettingPage 8 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025affected nor any right of the teacher concerned is taken away by virtue of the rejection order passed by the Management, which was impugned before the writ Court.18. Therefore, in all respects the order impugned before the writ Court cannot be interfered with. Therefore, to that extent the order passed by the writ Court is liable to be interfered with, as a result of which, following orders are passed in this writ appeal.(a)The impugned order dated 14.10.2025 in W.P.No.27602 of 2025 is set aside. (b)As a sequel, the order of rejection dated 08.07.2025 passed by the School Management / appellant herein against the second respondent teacher is hereby upheld. (c)The teacher already been appointed by appointment order dated 07.10.2025 shall continue in the school to teach the students and if it is a permanent appointment, steps can be taken by the Management to get approval of such appointment by sending a proposal to the Government. Otherwise, it is open to the Management to go for the selection of a teacher to have as permanent appointee and till such time, the teacher who is appointed on 07.10.2025 can continue in the appellant School.Page 9 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 202519. With the above observations and directions, the writ appeal is allowed. No costs. Consequently, connected miscellaneous petition is closed.(R.S.K.,J.) (H.C.,J.) 05-11-2025Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoKSTPage 10 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025ToThe Chief Education OfficerKanchipuramPage 11 of 12 https://www.mhc.tn.gov.in/judis W.A No. 3345 of 2025R.SURESH KUMAR J.ANDHEMANT CHANDANGOUDAR J.KSTWA No. 3345 of 2025ANDCMP NO. 27291 OF 202505-11-2025Page 12 of 12