W.A.(MD)No.426 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.(MD)No.426 of 2021 and C.M.P(MD)No.1675 of 2021 1.The Secretary, (School Education Department), Tamil Nadu Government, Secretariat, Chennai-600 009. 2.The Tamil Nadu School Education Director, (Higher Education), O/o.School Education Direcotrate), Chennai-600 006. 3.The Chief Education Officer, O/o.Chief Education Office, Tirunelveli, Tirunelveli District. 4.The Head Master, Government Higher Secondary School, Serndamaram Post, Sankarankovil Taluk, Tirunelveli District. ...Appellants /Vs./ M.G.Rajan ... Respondent PRAYER:- Writ Appeal - filed under Clause 15 of the Letters Patent, to set aside the order passed by this Court dated 05.01.2017 made in W.P. 1/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.426 of 2021 (MD)No.7033 of 2011. For Appellants : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.F.X.Eugne JUDGMENT (Judgment of the Court was delivered by DR.ANITA SUMANTH, J.) The State is on appeal challenging the order dated 05.01.2017. The respondent had instituted writ petition challenging the proceedings of the State rejecting his request for regularization as Vocational Teacher Grade-II with all monetary benefits with effect from 10.06.2022 as per G.O.Ms.No.74, School Educational (Vocational Education) Department, dated 10.06.2000. 2.We have heard the learned counsel for the petitioner and Mr.Ashok, learned Additional Government Pleader for the official respondents. 3.There is a categoric factual finding based on the proceedings impugned in writ petition to the effect that the petitioner is one among the 361 persons eligible for the benefit conferred under G.O.Ms.No.74, School Educational (Vocational Education) Department, dated 10.06.2000. The denial of the benefit was only on the ground that the 2/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.426 of 2021 petitioner, though designated as part time Vocational Teacher, had taken classes for other subjects. The conclusion of the Court is as follows: “The said proceedings of the second respondent in Na.Ka.No.139295/W26/92 dated 11.05.2005 is a crucial document and the import of the document has been reproduced for better appreciation of the issue: ghh;it 1y; fz;l murhizg;go jkpHfj;jpy; cs;s “ nky;epiyg;gs;spfspy; 20.09.96f;F Kd; gFjpneu bjhHpw; fy;tp Mrphpah;fshf epakdk; bgw;W bjhlh;e;J gzpg[hpe;J te;j 361 Mrphpah;fis KGneug; gzpaplj;jpy; 10.06.2002 Kjy; cl;gLj;j Miz bgwg;gl;lij bjhlh;e;J eltof;if nkw; bfhs;sg;gl;lJ. nkw;fz;l Mrphpah;fs; ghh;it 1y; fz;l murhizg;go 20.09.96f;F Kd;g[ gFjpneu bjhHpw;fy;tp Mrphpah;fswhf epakdk; bgw;Ws;sdh;. Mdhy; fPH;f;fz;lthW ntW ntW gzpg[hpe;J tUfpd;wdh;. 1.JpU.gp.ghyd; 24.06.96 Kjy; 31.03.97 murpdh; nky;epiyg;gs;sp> fy;tp ntYhh;. 01.08.97 Kjy; 21.10.99 murpdh; (k) nky;epiyg;gs;sp> thyhIhngl;il. ntYhh;. 22.10.99 Kjy; ,d;Wtiu murpdh; nky;epiyg;gs;sp> Mw;fhL. ntYhh;. 22.10.100 2.jpU.vk;.jpUkiyrhkp 31.07.96 Kjy; 21.07.99 murpdh; nky;epiyg;gs;sp> tPurpfhkzp> jpUbey;ntyp. 22.07.99 Kjy; ,d;Wtiu murpdh; nky;epiyg;gs;sp> nre;jkq;fyk;> jpUbey;ntyp. nky;epiyg;gs;spfspy; bjhHpw;fy;tp Mrphpah; epiy 2 gzpaplk; jw;nghJ fhypahf cs;sJ. Vdnt nkw;fz;l ,U Mrphpah;fSf;F murhiz vz;. 74/fy;tp ehs; 10.06.2002d;go 20.09.96f;F Kd;g[ gFjpneu bjhHpw;fy;tp Mrphpah;fshf epakdk; bgw;W bjhlh;e;J xnu gs;spapy; gzpg[hpahky; ntW ntW gs;spfspy; gzpg[hpe;J tUtjhy; mjw;F jtph;g;g[ tHq;fp jw;nghJ fhypahf cs;s bjhHpw;fy;tp Mrphpah; epiy-2 gzpaplj;jpy; murpd; Miz tHq;Fk; ehs; Kjy; cl;gLj;jp chpa mDkjp Miz tHq;f ghpe;Jiu bra;J fUj;JUtpid gzpe;jDg;g[fpnwd;.” From the above proceedings issued by the second respondent, it become crystal clear that the petitioner is one among 3/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.426 of 2021 the 361 persons eligible for such benefits conferred by G.O.Ms.No. 74 School Educational (Vocational Education) Department dated 10.06.2002, but only because the petitioner at the time was working though designated as Part Time Vocational Teacher was taking classes for other subjects, the benefits of conferring full time scale of pay on the petitioner was delayed or was not decided immediately. Therefore, in order to meet out the situation the second respondent has written to the first respondent to give exemption but no order has been passed by the said respondent and such document made it abundantly clear that the petitioner is one among the 361 persons eligible to get the benefits from 10.06.2002 itself. Therefore, the benefits now conferred on the petitioner is only pursuant to G.O.Ms.No.35 (School Education Department dated 09.02.2007 is certainly prejudicial to the interest of the petitioner because he was entitled to get the benefit from 10.06.2002. In view of the said facts and circumstances of the case, this Court is of the considered view that the petitioner shall be entitled to claim the said full time vocational teacher post along with 361 teachers from 10.06.2002.” 4.There is no effective or rather, no defense at all, as against the aforesaid position and hence, in light of the same, we are not inclined to consider this writ appeal. 5.This writ appeal stands dismissed confirming the order of the writ Court. No costs. Consequently, connected miscellaneous petition is closed. [A.S.M.J.,] & [C.K.J.,] 28.11.2025 Index :Yes/No Internet :Yes ta 4/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.426 of 2021 5/6 https://www.mhc.tn.gov.in/judis W.A.(MD)No.426 of 2021 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J. ta W.A.(MD)No.426 of 2021 28.11.2025 6/6 https://www.mhc.tn.gov.in/judis