WP(MD). No.18337 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/07/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR WP(MD). No.18337 of 2026 and WMP(MD)Nos.13571 and 13573 of 2026 P.Mary ... Petitioner Vs. 1. The State of Tamilnadu, Represented by its Secretary, Department of School Education, Fort St.George,Chennai - 600009. 2. The Director of Elementary Education, College Road, Chennai - 600006. 3. The District Educational Officer(Elementary), Kovilpatti, Tuticorin District. 4. The Block Educational Officer, Kayathar,Tuticorin District. 5. The Correspondent, RC Middle School,Vellalankottai, Tuticorin District. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus 1/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 calling for the records relating to the impugned proceedings issued by the third respondent District Educational Officer (Elementary) Kovilpatti in Pa.Mu.No.1745/Aa3/2024 dated 15.07.2024 in sor far the date of approval from 01.03.2024 is concerned quash the same and further direct the respondents to approve the appointment of petitioner as BT Assistant in Tamil in the fifth respondent school namely RC Middle School, Vellalankottai, Tuticorin District w.e.f 10.02.2020 and disburse grant-in- aid towards her salary and other allowances. For Petitioner : Mr.S.Xavier Rajini For R1 to R4 : Mrs.K.Porkodi Government Pleader ORDER The petitioner herein was appointed as BT Assistant on 10.02.2020 i.e., prior to 31.03.2021 and the proposal was submitted to the District Educational Officer, Kovilpatti, Tuticorin District, for approval of her appointment. However, the District Educational Officer through the impugned proceedings approved proposal, not from the date of her appointment, but from different subsequent date, on which the surplus staff that were available under the same management were redeployed. It is aggrieved by the said impugned order passed by the third respondent/ District Educational Officer, the petitioner is before this 2/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 Court contending that there was no mechanism to ascertain as to the availability of the surplus staff in the managements prior to 31.03.2021, that is the date on which certain guidelines were laid down by a Division Bench of this Court in W.A.(MD)MNo.76 of 2018 dated 31.03.2021 (hereinafter referred to as “Iruthaya Amali’s case”) and therefore, the same cannot be a ground to approve the appointment of the petitioner from a later date than the date of actual appointment. 2. The learned counsel for the petitioner also placed reliance on the decision of the learned Division Bench of this Court in W.A.(MD)No. 2733 of 2025 dated 09.01.2026 and also a decision of a Coordinate Bench of this Court in W.P.(MD)No.21064 of 2025 dated 16.10.2025. 3. On the other hand, Mrs.K.Porkodi, learned Government Pleader appearing for the respondents contended that the decision in Iruthaya Amali’s case was held to be retrospective and therefore, the said decision has application to the case of the petitioner as well and in support of her contention, she placed reliance on a decision of the learned Division Bench of this Court in W.A.(MD)No.1011 of 2019 dated 27.11.2024. 3/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 4. This Court has carefully considered for submissions made on other side and also perused the entire material on record. 5. There is no dispute on factual aspects, especially, with regard to the actual date of appointment of the petitioner herein. In the absence of any factual dispute, the only issue that arises for consideration is, as to whether the decision rendered by the Division Bench of this Court in Iruthaya Amali’s case has retrospective effect or not ? In case, if it is concluded that the said decision has retrospective effect, the impugned order has to be upheld. Whereas, in case, if it is held that the said decision has prospective effect, the impugned order to the extent of not granting approval from the date of actual appointment of the petitioner is to be held as bad in law. 6. It is no doubt, the Division Bench of this Court in W.P(MD) Nos.5789, 5988 & 6013 of 2026 W.A.(MD)No.1011 of 2019, by order dated 27.11.2024 held that the Iruthaya Amali’s case is having retrospective effect and therefore, the appointment that was made prior to 4/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 31.03.2021 also has to comply with the requirement of accommodating the surplus staff at the first instance and then proceed to make appointment. But the said decision in W.A.(MD)No.1011 of 2019 has fallen for consideration before another Division Bench of this Court in W.A.(MD)No.2733 of 2025, wherein this Court, having taken note of the decision in W.A.(MD)No.1011 of 2019 and after having held that the said decision is per incurium for want of considering the earlier binding precedent has been pleased to hold, that the decision of Iruthaya Amali’s case will not have application to the appointments that were made prior to 31.03.2021. So also the Co-ordinate Bench of this Court in W.P. (MD)No.21064 of 2025 held as under: “2. It is not disputed that the petitioner had been appointed on 01.03.2018, when the concept of corporate/ joint management surplus has not been envisaged except by a circular issued by the Joint Director which had not force of law. The Join/ Corporate Management Surplus for which guidelines were framed was made by the judgment of this Court in W.A. (MD).No.76 of 2019 etc., batch on 31.03.2021 had been held to be only prospective. 3. In view of the same, the impugned order on the premise that there was Corporate Management Surplus at the time when the petitioner was appointed cannot hold good for 5/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 approving her appointment only from the subsequent date namely on which the Corporate Management teachers were all deployed. 4. For the aforesaid reasonings, the Writ Petition stands allowed and the respondents are directed to approve the appointment of the petitioner from the date of her appointment i.e., 01.03.2018 and such exercise shall be carried out by the second respondent within a period of eight (8) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is also closed.” 7. As informed to this Court, the above order dated 16.10.2025 in W.P.(MD) No.21064 of 2025 has already given effect to and benefit has been extended to the petitioner therein. 8. In the light of the above, taking into consideration the decision of the learned Division Bench of this Court, in W.A.(MD)No. 2733 of 2025, the petitioner herein is also entitled for the relief of approval of her appointment from the date of her initial appointment. 9. Accordingly, this writ petition is allowed and the impugned 6/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 order is hereby quashed to the extent of not granting the approval of the appointment to the petitioner from the date of her initial appointment and consequently, the official respondents are directed to approve the appointment of the petitioner from the date of her initial appointment and issue consequential proceedings, as expeditiously as possible, at any rate, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 01.07.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM 7/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 To, 1. The State of Tamilnadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600009.. 2. The Director of Elementary Education, College Road, Chennai - 600006.. 3. The District Educational Officer(Elementary), Kovilpatti, Tuticorin District.. 4. The Block Educational Officer, Kayathar,Tuticorin District.. 8/9 https://www.mhc.tn.gov.in/judis WP(MD). No.18337 of 2026 MUMMINENI SUDHEER KUMAR,J CM WP(MD). No.18337 of 2026 and WMP(MD)Nos.13571 and 13573 of 2026 Date : 01/07/2026 9/9 https://www.mhc.tn.gov.in/judis