Madras High Court
P.Murugesan vs The Chief Educational Officer on 26 September, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)Nos.1755 of 2024 and batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 08.04.2025
PRONOUNCED ON : 26.09.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)Nos.1755 of 2024,
W.P.(MD)Nos.16732 of 2021, 142, 1360, 3633 of 2024
and
C.M.P.(MD)No.13413 of 2024,
W.M.P.(MD)Nos.13626, 18110 of 2021, 848 of 2022, 1409 to 1411, 2782, 3573,
3574 and 9742 of 2024
W.A(MD)No.1755 of 2024:
P.Murugesan ... Appellant
Vs.
1.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
2.The District Educational Officer,
Valliyoor, Government Higher
Secondary School Compound, Valliyoor.
3.The Secretary,
Sri Ramakrishna Higher Secondary School,
Thisayanvilai, Tirunelveli District. ... Respondents
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W.A.(MD)Nos.1755 of 2024 and batch
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order
of this Court in W.P.(MD)No.22232 of 2022, dated 18.06.2024.
For Appellants :Mr.R.Murali
For R1 and R2 :Mr.J.Ashok
Additional Government Pleader
For R3 :Mr.V.Panneerselvam
W.P.(MD)No.16732 of 2021:
P.Thingalarasi ... Petitioner
Vs.
1.The Principal Secretary,
Government of Tamil Nadu,
Department of Finance,
Secretariat, Chennai.
2.The Principal Secretary,
Government of Tamil Nadu,
Department of School Education,
Secretariat, Chennai.
3.The Accountant General,
Accounts and Entitlement,
Secretariat, Chennai.
4.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
5.The District Educational Officer,
Valliyur,
Tirunelveli District.
6. The Secretary,
Sri Ramakrishna Higher Secondary School,
Thisayanvilai-627 657,
Tirunelveli District. ... Respondents
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W.A.(MD)Nos.1755 of 2024 and batch
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the 6th respondent to
forward the documents pertaining to the petitioner's service and voluntary
retirement to the respondents 4 and 5 and consequently, to direct the respondents
to pay the pension with all pre and post-retirement benefits due to the petitioner,
on the basis of the petitioner's representation, dated 07.09.2021, within the time
frame stipulated by this Court.
For Petitioner : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For R1, 2, 4 and 5 : Mr.J.Ashok
Additional Government Pleader
For R3 : Mr.P.Gunasekaran
Standing Counsel
For R6 : Mr.V.Panneerselvam
W.P.(MD)No.142 of 2024:
Sri Ramakrishna Higher Secondary School,
Represented by its Secretary,
Thisayanvilai,
Tirunelveli District. ... Petitioner
Vs.
1.The Chief Educational Officer,
Tirunelveli.
2.The District Educational Officer (Secondary),
Tirunelveli. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the respondents to
approve the voluntary retirement of P.Thingalarasi B.T. Assistant with effect from
05.03.2021 and to approve the promotion of P.Murugesan as Headmaster with
effect from 24.03.2021 with all consequential benefits.
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W.A.(MD)Nos.1755 of 2024 and batch
For Petitioner : Mr.V.Panneerselvam
For Respondents : Mr.J.Ashok
Additional Government Pleader
W.P.(MD)No.1360 of 2024:
P.Thingalarasi ... Petitioner
Vs.
1.The State of Tamilnadu,
Represented by its Secretary,
Department of School Education,
Fort St. George, Chennai-600 009.
2.The Director of School Education,
College Road, Chennai-600 006.
3.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
4.The District Educational Officer,
(Secondary Education),
Valliyoor, Tirunelveli District.
5. The Secretary,
Sri Ramakrishna Higher Secondary School,
Thisayanvilai-627 657,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order passed by the 5th respondent School in Ref.
No.Nil, dated 06.08.2020, to quash the same as illegal and void and further, to
direct the 4th respondent District Educational Officer to release forthwith the
salary and other allowance admissible to the petitioner in the post of Headmaster
in the 5th respondent School with effect from 24.08.2016 as per the approval given
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W.A.(MD)Nos.1755 of 2024 and batch
by the DEO vide proceedings in O.Mu.No.1727/Aa2/2017, dated 26.05.2017.
For Petitioner : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
For R1 to R4 : Mr.J.Ashok
Additional Government Pleader
For R5 : Mr.V.Panneerselvam
W.P.(MD)No.3633 of 2024:
P.Murugesan ... Petitioner
Vs.
1.The Chief Educational Officer,
Tirunelveli District, Tirunelveli.
2.The District Educational Officer,
(Secondary Education),
Tirunelveli.
3. The Secretary,
Sri Ramakrishna Higher Secondary School,
Thisayanvilai, Tirunelveli District.
4.P.Thingalarasi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the proceedings in Na.Ka.No.4482/A3/2023, dated 02.02.2024,
passed by the 2nd respondent and to quash the same and consequently, to direct the
respondents 1 and 2 to approve the appointment of the petitioner as Headmaster
of the 3rd respondent school.
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W.A.(MD)Nos.1755 of 2024 and batch
For Petitioner : Mr.R.Murali
For R1 and R2 : Mr.J.Ashok
Additional Government Pleader
For R3 : Mr.V.Panneerselvam
For R4 : Mr.K.Ragatheesh Kumar
for M/s.Isaac Chambers
***
COMMON JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.) The aforesaid writ appeal and writ petitions are arising out of common issue among the same parties hence, all the cases are taken together and common order is passed.
2(i) The W.A.(MD)No.1755 of 2024 was filed by the writ petitioner P.Murugesan against the order dated 18.06.2024 passed in W.P.(MD)No.22232 of 2022. The writ petition in W.P.(MD)No.22232 of 2022 was filed for Writ of Certiorarified Mandamus to quash the order dated 16.09.2022 passed in Na.Ka.No.3273/A3/2021 and consequently direct the 1st respondent to approve the appointment of the petitioner to the post of Headmaster of 3rd respondent school with effect from 24.03.2021.
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2.(ii)The writ petition in W.P.(MD)No.16732 of 2021 was filed by P.Thingalarasi for issuance of a Writ of Mandamus, to direct the 6th respondent to forward the documents pertaining to the petitioner's service and voluntary retirement to the respondents 4 and 5 and consequently, to direct the respondents to pay the pension with all pre and post-retirement benefits due to the petitioner, on the basis of the petitioner's representation, dated 07.09.2021, within the time frame stipulated by this Court.
2.(iii) The writ petition in W.P.(MD)No.142 of 2024 was filed by Sri Ramakrishna Higher Secondary School for issuance of Writ of Mandamus, to direct the respondents to approve the voluntary retirement of P. Thingalarasi, B.T. Assistant with effect from 05.03.2021 and to approve the promotion of P. Murugesan as Headmaster with effect from 24.03.2021 with all consequential benefits.
2.(iv)The writ petition in W.P.(MD)No.1360 of 2024 was filed by P. Thingalarasi for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the 5th respondent School in Ref. No. Nil, dated 06.08.2020 and to direct the 4th respondent District Educational Officer to release forthwith the salary and other allowance admissible to the petitioner in the post of 7/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch Headmaster in the 5th respondent School with effect from 24.08.2016 as per the approval given by the DEO vide proceedings in O.Mu.No.1727/Aa2/2017, dated 26.05.2017.
2.(v) The writ petition in W.P.(MD)No.3633 of 2024 was filed by P. Murugesan for issuance of a Writ of Certiorarified Mandamus, to quash the proceedings dated 02.02.2024 in Na.Ka.No.4482/A3/2023 of the 2nd respondent and consequently to direct the respondents 1 and 2 to approve the appointment of the petitioner as Headmaster of the 3rd respondent school.
3. The brief facts of the above cases as stated by the school are as follows:
3.(a) That the school namely Sri Ramakrishna Higher Secondary School owned by Sri Ramakrishan Thapovanam, Thiruparaithurai, controlled by the Secretary and the school is private aided non-minority school until 10th standard, the Higher Secondary School is self-financed.
3.(b) The post of headmaster became vacant from 01.05.2016 due to superannuation of the incumbent P. Balakrishnan who retired on 30.04.2016.
3.(c) The senior most teacher P. Murugesan was given “In-charge Headmaster”. But on 18.08.2016 P. Murugesan expressed his unwillingness to hold the post of Headmaster. Hence, the School Committee decided to grant 8/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch promotion to one Mrs. P. Thingalarasi on 23.08.2016 and she assumed charge on 24.08.2016.
3.(d) On 09.09.2016 the Management submitted the proposal for approval of promotion of P.Thingalarasi as a Headmaster.
3.(e) On 30.09.2016, the proposal was returned for the reason that the letter of relinquishment of senior most teacher P.Murugesan has to be enclosed and the same has to be entered in his service register and approved by the District Educational Officer.
3.(f) On 07.10.2016 the said P.Murugesan submitted another letter withdrawing earlier letter relinquishing promotion and stated that the letter of relinquishment was obtained by force and hence requested to promote him a HM.
And filed W.P.(MD)No.9514 of 2017 questioning the promotion of P.Thingalarasi and for forbearing DEO from approving the promotion.
3.(g) Pending the litigation in W.P.(MD)No.9514 of 2017, on 26.05.2017 the DEO granted approval to the promotion of P.Thingalrasi as a Headmaster with condition the approval is subject to the result of W.P(MD) No.9514 of 2017.
3.(h) Aggrieved over, the said P. Murugesan filed another in W.P.(MD)No. 10181 of 2017 challenging the approval order, dated 26.05.2017 and this Court granted an interim stay. On 17.08.2017, by complying the interim stay, the said 9/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch P.Thingalarasi was reverted from the post of Headmaster with condition that she will not claim any monetary benefit to the post of Headmaster and she was given “in-charge”. Accepting the same she continued as “In-charge Headmaster”. Due to pendency of litigations, the salary was not disbursed to the said P.Thingalarasi.
3.(i) On 03.01.2020, the Joint Director of Higher Secondary sent a communication to the management stating that P. Thingalarasi obtained passport and renewal of the passport without the permission of the department and the management. Two times she went abroad in the summer vacation without any permission from the department. Therefore, the Chief Educational Officer, was directed to send a report after verifying the passport of the P.Thingalarasi.
3.(j) On 09.03.2020, the Chief Educational Officer, Tirunelveli, conducted an inspection and verified the documents of P.Thingalarasi and found out from the records that she went abroad from 22.04.2002 to 19.05.2002 for a period of 28 days and 21.04.2004 to 18.05.2004 for a period of 28 days, i.e., 2 times totally 56 days without permission of the department in violation of code of conduct, the statutory provisions. Suppressing the above fact, she received salary for the above said period when she was in abroad. The disciplinary action was initiated against her and the same was recorded in her service register and the salary received for the above said period was recovered and paid to Government account. The same 10/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch was entered in her service register and sent for approval. Further the early increment sanctioned in the year 2003 and 2005 has to be modified and the excess amount paid to her has to be recovered and paid to the Government account and the same has to be entered in her service register. Therefore, the service register of P.Thingalarasi was received to enter all the above particulars in her service register.
3.(k) One more charge was levelled against the said P.Thingalarasi. The Government conducted NEET Coaching Centre in selected schools and Sri Ramakrishna Higher Secondary School, Thisayanvilai, was selected to conduct the NEET coaching to the students in and around the school studying Higher Secondary. The Post Graduate (P.G) Assistants of the concerned subjects were assigned to the classes and amount was also paid to the Post Graduate Assistants. But P.Thingalarasi, being a B.T. Assistant claimed salary as if she took classes for Chemistry subject. Infact, she was the in-charge Headmaster during that period and she was the sanctioning authority. She herself claimed salary for that said period by putting her signature in Tamil for Chemistry subject and putting her signature in English as the sanctioning authority. The same was brought to the knowledge of the Educational Authorities and the salary was stopped. 11/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch
3.(l) Since so many untoward incidents happened during the period of in- charge given to P. Thingalarasi she was removed from in-charge Headmaster on 06.08.2020 and P. Sivakumar was given in-charge Headmaster.
3.(m) Immediately, P.Thingalarasi went on medical leave for a period of 30 days and she became irregular. She brought her own table and chair to the HM room and started to act as if she was the HM. Therefore, charge memo was issued to her.
3.(n) On 24.08.2020, P. Thingalarasi made request to sanction super grade, since she continued in the cadre of B.T. Assistant for a period of 30 years.
3.(o) On 16.10.2020, P. Thingalrasi made a request for voluntarily retirement from service and to relieve her from 01.02.2021 in the cadre of B.T. Assistant.
3.(p) Again on 19.02.2021, P. Thingalarasi made request to permit her on VRS (Voluntarily Retirement from Service) in the cadre of BT Assistant.
3.(q) Therefore, on 05.03.2021, the Management sent a proposal to the department to approve her VRS proposal.
3.(r) On 11.03.2021 the writ petition filed by P.Murugesan in W.P.(MD)No. 9514 of 2017 was dismissed as infructuous. On the same date i.e. on 11.03.2021 another writ petition in W.P.(MD)No. 10181 of 2017 was also disposed, the case 12/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch was remanded back to the DEO, Cheranmahadevi to consider afresh after affording an opportunity of hearing to all the parties including the School Committee and pass appropriate orders on merits and in accordance with law.
3.(s) On 24.03.2021, P.Murugesan was promoted as a Headmaster. On 10.04.2021, the Management sent a proposal for approval of promotion of P. Murugesan. On 29.06.2021, the DEO issued notice to conduct enquiry related to the proposal sent by the management about the cancellation of promotion of P.Thingalarasi.
3.(t) P.Murugesan filed W.P.(MD)No. 19507 of 2021 for direction to conclude the enquiry initiated on 29.06.2021 and the same was disposed of with a direction to pass final order within a period of eight weeks. On 23.02.2022, the Chief Educational Officer, Tirunelveli, passed an order to the DEO to submit the report related to cancellation of promotion of P.Thingalarasi. On 21.04.2022, the DEO, Valliyur, sent a proposal to the Chief Educational Officer in compliance of the direction issued in W.P.(MD)No.10181 of 2017, dated 11.03.2021, to cancel the promotion given to P.Thingalarasi.
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3.(u) P.Murugesan filed W.P(MD)No.12747 of 2022 for direction to the CEO to pass orders on the proposal submitted by the DEO, dated 21.04.2022 and the writ petition was disposed of with a direction to the CEO to pass orders within a period of eight weeks.
3.(v) The Chief Educational Officer passed an order, dated 16.09.2022, stating that P.Thingalarasi filed a writ petition for Voluntarily Retirement from service and the same is pending and the writ petition filed by P.Murugesan in W.P. (MD)No.9514 of 2017 was dismissed and hence, the condition become infructuous. Therefore, the management has to take a decision about the promotion and VRS of P.Thingalarasi and after the decision, the proposal for approval of P. Murugesan will be considered.
3.(w) P.Murugesan filed W.P.(MD)No.22232 of 2022 challenging the order passed by the Chief Educational Officer, dated 16.09.2022 and the said writ petition was disposed of, vide order, dated 18.06.2024, wherein the Writ Court directed the Chief Educational Officer to grant approval to the proposal in respect of P.Murugesan getting promoted to the post of Headmaster with effect from 24.03.2021 and put a full stop for all the confusion within a period of four weeks. Aggrieved over the same, P.Murugesan has preferred the present writ appeal in W.A.(MD)No.1755 of 2024.
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3.(x) The District Educational Officer passed an order, dated 02.02.2024, in favour of P.Thingalarasi and aggrieved over the same, P.Murugesan has filed W.P. (MD)No.3633 of 2024.
3.(y) P.Thingalrasi has filed W.P.(MD)No. 16732 of 2021 to consider her proposal for retirement benefit. P. Thingalrasi has also filed W.P.(MD)No.1360 of 2024 challenging the reversion order, dated 06.08.2020.
3.(z) The School has filed W.P.(MD)No.142 of 2024 to direct the official respondents to approve the voluntary retirement of P.Thingalarasi and to approve the promotion of P.Murugesan as Headmaster.
4. Heard Mr.R.Murali, Learned Counsel appearing for P.Murugesan, Mr.K.Ragatheesh Kumar, Learned Counsel appearing for P.Thingalarasi, Mr.V.Panneerselvam, Learned Counsel appearing for the School, Mr.P.Gunasekaran, Learned Standing Counsel appearing for the Accountant General and Mr.J.Ashok, Learned Additional Government Pleader appearing for the official respondents and perused the records.
5. After hearing the rival submissions, this Court had given its anxious consideration.
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6.(i) W.A.(MD)No.1755 of 2024: The writ appeal is filed by P.Murugesan against the order dated 18.06.2024 passed in W.P.(MD)No.22232 of 2022. The writ petition was filed for issuance of writ of Certiorarified Mandamus to quash the order dated 16.09.2022 and consequently to grant approval of promotion to P.Murugesan with effect from 24.03.2021.
6.(ii) From the above narration of events it is seen there is no dispute that finally the said P.Murugesan was granted promotion as Headmaster from 24.03.2021 by the school and he is entitled to approval and consequential salary and other benefits applicable to the post of Headmaster from 24.03.2021. But when the same was not granted by the DEO even from 24.03.2021, frustrated by the non-granting the approval (the frustration is discussed below), the said P.Murugesan had filed the W.P.(MD)No.22232 of 2022. Considering the same the Writ Court directed to grant the approval with effect from 24.03.2021. If the said writ petition was considered to a limited extent for the period from 24.03.2021, then the said P.Murugesan would not have been affected by the order dated 18.06.2024 of the Writ Court. But the observations made by the Writ Court that the said P.Thingalarasi is entitled to terminal benefits to the promoted post of HM 16/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch for the period prior to 24.03.2021 is affecting the said P.Murugesan since the merits of his another writ petition in W.P.(MD)No.3633 of 2024 is affected, hence he had filed the Writ Appeal. This Court is of the considered opinion when there is another writ petition / other writ petitions, either all the writ petitions ought to be heard together or else the order ought to be passed which shall not be affecting the prayer raised in other writ petitions. In the present case, that portion of the order passed in W.P.(MD)No.22232 of 2022 is seriously affecting the scope of the W.P.(MD)No.3633 of 2024. Therefore, this Court is of the considered opinion that the observations made in the W.P.(MD)No.22232 of 2022 is liable to be set aside. However the order directing to grant promotion to P.Murugesan from 24.03.2021 is confirmed. It is pertinent to state herein that the issue for the earlier period i.e. prior to 24.03.2021, is dealt with in the subsequent paragraphs.
7.(i) W.P.(MD)No.3633 of 2024: This writ petition in W.P.(MD)No.3633 of 2024 is filed by P. Murugesan challenging the order dated 02.02.2024 wherein it has ordered that the P.Thingalarasi’s promotion is valid. The contention of the P.Murugesan is that the DEO without considering the P.Murugesan claim for the post, especially the DEO without considering the allegation that the letter of unwillingness was obtained by force, cannot grant any approval for the promotion 17/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch of P.Thingalarasi. Further the P.Murugesan had relied on the orders passed in several writ petitions filed by the P.Murugesan. It is seen that the DEO was directed to pass order regarding the said allegation of forced unwillingness letter in W.P.(MD)No.10181 of 2017, inspite of the same no orders were passed. At this point it is necessary to narrate the events and the same is narrated hereunder:
• 30.04.2016 the post becomes vacant due to retirement vacancy • 18.08.2016 P.Murugesan had expressed unwillingness for the promotion • 23.08.2016 P.Thingalarasi was granted promotion and took charge on 24.08.2016 • 09.09.2016 proposal from the management to promote P.Thingalarasi.
• 30.09.2016 the proposal was returned for the reason the letter of relinquishment of P.Murugesan was not enclosed, the same has to be entered into service register and approved by the DEO.
• 07.10.2016 P.Murugesan submitted letter requesting to grant promotion and also stated that the earlier letter for unwillingness was obtained by force.
• Immediately filed W.P.(MD)No.9514 of 2017.
• But pending writ petition the DEO granted approval of promotion to P.Thingalarasi on 26.05.2017 with a condition the same is subject to the result of the writ 18/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch petition.
• Aggrieved over, 02.06.2017 filed W.P.(MD)No.10181 of 2017. Interim stay was granted on 02.08.2017 • On 17.08.2017 the promotion was reverted and the P.Thingalarasi was allowed to serve as in-charge HM. • On 11.03.2021 orders were passed in both the W.P. (MD)No.9514 of 2017 and W.P.(MD)No.10181 of 2017.
From the above narration of events, it is evident that before granting approval of promotion to the P.Thingalarasi, the said P.Murugesan had submitted a letter dated 07.10.2016 that the unwillingness was obtained by force. Then the DEO is bound to conduct an enquiry to ascertain whether the unwillingness was obtained by force, before granting approval. But no such enquiry was conducted, which had been taken note of in subsequent writ petitions filed by P.Murugesan. Infact in the order passed in W.P.(MD)No.10181 of 2017, the Court had recorded the allegation submitted by P.Murugesan that the unwillingness was obtained by force, hence directed to conduct an enquiry after giving opportunity to the said P.Murugesan, P.Thingalarasi and the School Committee and then pass orders. After the said order, it is seen no such enquiry was conducted regarding the issue of force and no records were submitted before this Court to this effect. 19/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch
7.(ii) Infact DEO initiated enquiry in Na.Ka.No.1157/A2/2021 dated 29.06.2021 but failed to proceed further. Hence the said P.Murugesan had filed W.P.(MD)No.19507 of 2021 wherein it is stated that the order passed in W.P. (MD)No.10181 of 2017 was not complied with. Hence the Writ Court directed to pass orders within 8 weeks. When the same was not complied, Cont.Pet.(MD)No. 121 of 2022 was filed. Then the CEO sent a communication to the school seeking answers to 21 queries. Again, the enquiry was not proceeded further. Again the P.Murugesan filed W.P.(MD)No.12747 of 2022, again the Writ Court directed to complete the enquiry within 8 weeks, again Cont.Pet.(MD)No. 1315 of 2022 was filed. It is pertinent to record herein that the above several litigations would clearly indicate the frustration of P.Murugesan referred supra. Thereafter the respondents had passed the order in Na.Ka.No.3273/A3/2021 dated 16.09.2022 which was challenged in W.P.(MD)No.22232 of 2022. Pending the said litigation the respondents had passed an order dated 02.02.2024, the same was challenged in W.P.(MD)No.3633 of 2024.
7(iii) In the said order dated 16.09.2022 there is no indication that the enquiry was conducted for the allegation of “forced unwillingness”. Therefore, this Court is of the considered opinion that when the issue of forced unwillingness 20/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch was not considered by the official respondents, then the orders passed by the official respondents granting approval of promotion to P.Thingalarasi are illegal and liable to be set aside.
7.(iv) Interestingly, it is seen the DEO has stated in order dated 16.09.2022 that the W.P.(MD)No.9514 of 2017 was dismissed as infructuous, hence the conditional approval granted to P.Thingalarasi has lost its validity, hence the approval cannot be revoked and consequently she is entitled to promotion. The relevant portion is extracted hereunder:
“,j;jPh;g;ghizapd;go jpUkjp/bgh/jp';fsurp vd;ghhpd;
gjtp cah;t[ff
; hd xg;g[jy; ”Mizapy; Fwpg;gpl;Ls;s
epge;jid gadw;wjhfptpl;lJ/"
The said reasoning of the respondents is total non-application of mind. The said writ petition was dismissed as infructuous since the order passed in W.P.(MD)No. 10181 of 2017 would cover the issue raised in W.P.(MD)No.9514 of 2017. Therefore, the order is liable to be set aside on this ground also.
7.(v) In the same order dated 16.09.2022, there is reference to W.P.(MD)No. 10181 of 2017 and W.P.(MD)No.12747 of 2022 and based on the said orders the respondent had held that since the said P.Thingalarasi was already granted 21/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch approval to the promotion, hence the recommendation to cancel her promotion approval is against the provisions. The relevant portion is extracted hereunder:
“ghh;it 3?y; fhQqk; jPh;g;ghizapidapy;
jpUkjp/bgh/jp';fsurp vd;ghhpd; gjtp cah;t[ epakdj;jpd;
g[jpjhf ghprPypj;J Kot[ vLf;Fk;go Miz
gpwg;gpf;fg;gl;Ls;s epiyapy;. ,t;thrphpaUf;F
jiyikahrphpah; gjtp cah;t[fF
; xg;g[jy; tH';fg;gl;Ls;s
ghh;it 1?y; fhQqk; nrud;khnjtp. khtl;lf; fy;tp
mYtyhpd; Mizapid ,uj;J bra;J Miz tH';Fk;go
ghh;itapy; fhQqk; ts;spa{h;. khtl;lf; fy;tp mYtyhpd;
21/04/2022 ehspl;l fojj;jpy; bjhptpf;fg;gl;Ls;sJ/ khtl;lf;
fy;tp mYtyhpd; 21/04/2022 ehspl;l nfhhpf;if jdpahh;
gs;spfs; rl;lk; 1973 gphpt[ 22?w;F vjpuhf cs;sjhy;
mtw;iw Vw;f ,ayhJ vd;w tpguk; khtl;lf; fy;tp
mYtyUf;F bjhptpf;fg;gLfpwJ/
nkYk; ,e;epiyapy; jpUkjp/bgh/jp';fsurp vd;ghh;
RatpUg;g Xa;tpy; bry;y tpz;zg;gpj;jjpd;nghpy; md;dhh;
05/03/2021 md;W tpUg;g Xa;tpy; bry;y mDkjp mspj;J
gs;sp brayh; K:yk; ts;spa{h;. khtl;lf; fy;tp mYtyUf;F mDg;gg;gl;Ls;s nfhhpf;ifapd; kPJ. md;dhUf;F ghh;it 1?d; go jiyikahrphpah; gjtp cah;t[ mspj;J Vw;fdnt xg;g[jy; tH';fg;gl;Ls;s epiyapy; md;dhiu gl;ljhhp Mrphpah; vd Fwpg;gpl;L bgwg;gl;Ls;s tpUg;g Xa;t[ nfhUk; nfhhpf;ifapid ghprPypf;f ,ayhJ vd bjhptpj;J ts;spa{h;.
khtl;lf; fy;tp mYtyuhy; fUj;JU
jpUg;gpaDg;gg;gl;Ls;sJ/ gpd;dh; vjdog;gilapy;
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nrud;kfhnjtp. khtl;lf; fy;tp mYtyuhy; Vw;fdnt
jpUkjp/bgh/jp';fsurp vd;ghUf;F tH';fg;gl;l gjtp cah;t[
Mizapid ,uj;J bra;J Miz tG';Fk;go ts;spa{h;.
khtl;lf; fy;tp mYtyh; ghpe;Jiu bra;Js;shh; vd;w
tpguj;jpid bjhptpf;Fk;go nfl;Lf; bfhs;sg;gLfpwJ/” Again, the said reasoning is non application of mind, since the said order was passed without considering the forced unwillingness. Further, when the Court had directed to consider the allegation of “forced unwillingness”, the said reasoning is against the order passed by this Court in W.P.(MD)No.10181 of 2017, besides being contempt.
7.(vi) In such circumstances, again the respondents passed an order dated 02.02.2024 which is challenged in W.P.(MD)No.3633 of 2024. Even in the said order it is stated that promotion to P.Thingalarasi was approved on 26.05.2017, the unwillingness of P.Murugesan is recorded in the Service Register, no promotion was granted by the school to P.Murugesan, further P.Thingalarasi was granted Voluntary Retirement from 05.03.2021, hence P.Murugesan was not entitled to promotion. The relevant portion is extracted hereunder:
"1/jpUkjp/bgh/jp';fsurp vd;ghUf;F 24/08/2016 Kjy;
cah;epiyg;gs;sp jiyik m{rphpah; gjtp
cah;t[ nrud;kfhnjtp khtl;lf; fy;tp mYtyhpd;
X/K/vz;/1727-M2-2017 ehs; 26/05/2017,d;go xg;gjy;
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tH';fg;gl;Ls;sJ/
2/jpU/g{/KUnfrd; vd;ghUf;F cah;epiyg; gs;spj;
jiyik m{rphpah; gjtp cah;t[ ntz;lhbkd tpUg;gkpd;ik bjhptpj;jjd;nghpy; gzpg;gjpntl;oy;
gjpt[ bra;ag;gl;likf;F xg;g[jy; tH';fg;gl;Ls;sJ/ 3/tprhuizapy; jpU/g{/KUnfrd; vd;ghh; 24/08/2016 Kjy; jdf;F gjtp cah;t[ tH';fg;gl;l fUj;JUtpidnah md;dhUf;F tH';fg;gl;l xg;g[jy;
Mizapidnah ,t;tYtyfj;jpy; xg;gilf;ftpy;iy/ nkYk; xnu gjtp ,U Mrphpah;fSf;F tH';f ,ayhJ/ 4/jpUkjp/bgh/jp';fsurp vd;ghh; 05/03/2021 Kjy; tpUg;g Xa;t[ bgw;Ws;shh;/ ,t;thrphpah; tpUg;g Xa;t[ bgw;w gpwF ,t;thrphpaUf;F tH';fg;gl;l gjtp cah;tpid ,uj;J bra;a ,ayhJ/ 5/jpU/g{/KUnfrd; vd;ghh; jdf;F cah;epiyg; gs;spj; jiyik Mrphpah; gjtp cah;t[ tH';ff; nfhhp bjhlug;gl;l tHf;fpd; ,Wjp jPh;g;gpd;go jpU/g{/KUnfrd; vd;ghh;f;F gs;spr; brayuhy; 24/08/2016 Kjy; gjtp cah;t[ tH';fg;glhj epiyapy; xg;g[jy; tH';f ,ayhJ vdt[k;.
jpUkjp/bgh/jp';fsurp vd;ghh;fF
; Vw;bfdnt tH';fg;gl;l
m{iz ,uj;J bra;ag;glhjjhy; cah;epiyg; gs;spj;
jiyik m{rphpah; gjtp cah;t[ tH';;fg;gl;lij
epiyepWj;jpa[k; m{izaplg;gLfpwJ/"
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The said order has referred the order passed in W.P.(MD)No.10181 of 2017 but has not even discussed about the “forced unwillingness”. Hence this Court is of the considered opinion that the order dated 16.09.2022 challenged in W.P.(MD) No.22232 of 2022 and the order dated and 02.02.2024 challenged in W.P.(MD) No.3633 of 2024 are liable to be quashed, when the “forced unwillingness” was not considered by the official respondents, for the reason the same is against the provisions of law as well as the order passed in W.P.(MD)No.10181 of 2017.
7.(v) The next contention of P.Murugesan is that the DEO passed the order dated 02.02.2024 without adverting to the earlier recommendation dated 21.04.2022 to cancel the promotion of P.Thingalarasi. In the said order dated 21.04.2022 it is stated that the said P.Thingalarasi had agreed to service as B.T. Assistant without prejudice to the order of the High Court. Based on the same it was recommended to cancel the promotion of the said Thingalarasi. When there are two orders, one granting approval and one cancelling approval, then it cannot be stated that the P.Thingalarasi was serving as HM. On this ground the approval granted to the said P.Thingalarasi is liable to be reconsidered.
8.(i) W.P.(MD)No.16732 of 2021 and W.P.(MD)No.1360 of 2024: The 25/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch W.P.(MD)No.16732 of 2021 was filed by P.Thingalarasi for Mandamus to direct the school to forward the service and voluntary retirement proposal and to pay pension with all pre and post-retirement benefits based on representation, dated 07.09.2021. The W.P.(MD)No.1360 of 2024 is filed to challenging the order dated 06.08.2020 wherein the order has stated one P. Sivakumar was given to function as “in-charge Headmaster” and consequently to direct to disburse the salary to the post of HM for the P.Thingalarasi.
8.(ii) In the representation of P.Thingalarasi, she is seeking to approve the proposal of Voluntary Retirement and grant benefits applicable to the post of Headmaster. There is no dispute that the petitioner is entitled to approval for voluntary retirement and entitled to pension and retirement benefits. But it ought to be seen whether the said P.Thingalarasi is eligible for the post of B.T. Assistant or for the post of Headmaster. The contention of the petitioner is that she was granted approval of promotion vide order dated 26.05.2017. It is seen the same was granted pending W.P.(MD)No.9514 of 2017 and which was challenged in W.P.(MD)No.10181 of 2017. Subsequently when there is a direction to ascertain the forced unwillingness, then the said order dated 26.05.2017 granting approval cannot be accepted. As held supra there is no discussion of forced unwillingness 26/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch in any of the order passed by the official respondents and this Court has already held the same as bad in law and against order passed by the Court.
8.(iii) Now comes the crucial question whether the School Committee had considered the P.Thingalarasi’s promotion as per law. Under Rule 15(4) of the Tamil Nadu Recognised Private School (Regulation) Rules, 1974, the candidate can be granted promotion after ascertaining the merit and ability and seniority can be taken into account when the merit and ability is equal among the candidates. The relevant portion is extracted hereunder:
"15(4) (i) Promotion shall be made on grounds of merit and ability seniority being considered only when merit and ability are approximately equal.” In the present case it ought to be ascertained whether the said P.Thingalarasi was granted promotion after ascertaining the merit and ability. The said P.Thingalarasi is relying on the resolution passed by the School Committee and the same is extracted hereunder:
“jPh;khdk;:-
ek; gs;spapy; jiyik Mrphpauhfg; gzpahw;wp te;j jpU/gh/ghyfpUc&;zd; vd;ghh; taJ Kjph;tpd; fhuzkhf 30.04.2016 md;W gpw;gfypy; gzp epiwt[ bgw;Ws;shh; gzp epiwt[ Vw;g;gl;l fhypg; gzpaplj;jpy; gzpK:g;g[ mog;gilapy; 27/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch jpU/g{/KUnfrd; mth;fs; bghWg;g[ jiyik Mrphpauhf 01/05/2016 Kjy; 23/08/2016 Koa brayhpd; tha;bkhHp cj;jut[f;F ,z';f gzpg[hpe;J tUfpwhh;/ mz;zhUf;F gzpK:g;g[ ,Ue;j nghjpYk; jdJ Flk;gr; NH;epiy fhuzkhf jiyik Mrphpah; gjtpia jw;rkak;
Vw;f ,ayhj NH;epiyapy; ,Ug;gjhf vGj;Jg{h;tkhf Twpa[s;shh;/ vdnt mtUf;F mLj;j goahf cs;s gzpK:g;g[ Mrphpah; jpUkjp/bgh/jp';fsurp vd;gthh; 24/08/2016 Kjy;
jiyik Mrphpauhf gzpahw;w gjtp cah;t[ mspf;f
fkpl;oapy; Vfkdjhf jPh;khdpf;fg;gLfpwJ/ nkYk;.
jpU/g{/KUnfrd; vd;ghh; bjhlh;eJ
; cjtp jiyik Mrphpuhf
(cah;epiyg;gs;sp) gzpapy; ePog;ghh; vd Vfkdjhf
jPh;khdpf;fg;gLfpwJ/”
On perusing the same it is seen not even a single word regarding merit and ability is stated in the resolution. The entire discussion is only on seniority. When there is no assessment of merit and ability of the said P.Thingalarasi then she may not be entitled to the HM post. Infact, that is why the official respondents had passed impugned order dated 06.08.2020 granting permission to P.Sivakumar to act as “In-charge HM”. Further this order dated 06.08.2020 clearly indicate the said P.Thingalarasi never worked as HM but worked as “In-charge HM”. Therefore this Court is of the considered opinion that the order dated 26.05.2017 granting approval of promotion to P.Thingalarasi had not ascertained whether Rule 15(4) was followed by the School Committee while granting approval. Further the 28/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch school committee has not ascertained the merit and ability of P.Thingalarasi. Therefore this Court is of the considered opinion that said P.Thingalarasi is not entitled to the promotion and the order granting approval of promotion is illegal and totally against Rule 15(4). Consequently, the impugned order dated 06.08.2020 challenged in W.P.(MD)No.1360 of 2024 granting “In-charge HM” to P.Sivakumar is perfectly valid.
8.(iv) Further it is seen that the order was passed on 06.08.2020 and the writ petition was filed belatedly in the year 2024. Hence the writ petition is liable to be dismissed on the ground of delay and latches also. 29/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch
9. Having held that the P.Thingalarasi is not entitled to HM post from 01.05.2016 (the date on which the vacancy arose), since the School Committee has not assessed the merit and ability of P.Thingalarasi, then the case ought to be remitted back to assess the merit and ability of P.Thingalarasi and P.Murugesan, apart from enquiring on the allegation of “forced unwillingness”. However, this Court is of the considered opinion that due to efflux of time and due to the fact that the school had functioned with “In-charge Headmaster”, it is not necessary to remit the case back. And both P.Thingalarasi and P.Murugesan are not entitled to claim the post for the period from 01.05.2016 to 23.03.2021.
10. W.P.(MD)No.142 of 2024: The said writ petition is filed by the School for Mandamus to direct the respondents to approve the promotion and voluntary retirement. The above orders passed in other writ petitions would cover the issues raised by the school. Therefore, separate order is not necessary.
11. Based on the discussions and observations, this Court is passing the following orders:
30/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch i. That the period from 01.05.2016 till 23.03.2021 the school had functioned with “In-charge Headmaster” only and both Mr.P.Murugesan and Mrs.P.Thingalarasi are not entitled to claim the post for the said period.
ii. The said Mr.P.Murugesan is entitled to approval of promotion from 24.03.2021 and not for the period prior to 24.03.2021.
iii. The said Mrs.P.Thingalarasi is not entitled to approval of promotion from 24.08.2016 as granted in order 26.05.2017 and also not entitled to the post of HM due to her voluntary retirement.
iv. However, Mrs.P.Thingalarasi is entitled to approval of Voluntary Retirement proposal with effect from 01.02.2021 in the post of B.T. Assistant only and consequently entitled to the terminal benefits for the post of B.T. Assistant as per law.
v. If any salary is not paid in the post of B.T. Assistant to Mrs.P.Thingalarasi, the same shall be paid to her.
vi. The aforesaid directions exercise shall be completed within a period of 12 weeks from the date of receipt of the copy of the order.
12. For the reasons stated above, the W.A.(MD)No.1755 of 2024 is allowed. The W.P.(MD)No.3633 of 2024 is allowed. The W.P.(MD)No.16732 of 31/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm ) W.A.(MD)Nos.1755 of 2024 and batch 2021 is partly allowed. The W.P.(MD)No.1360 of 2024 is dismissed. The W.P. (MD)No.142 of 2024 is partly allowed. No costs. Consequently, connected miscellaneous petitions are closed.
[J.N.B., J.] [S.S.Y., J.]
26.09.2025
Index : Yes / No
Tmg
To
1.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
2.The District Educational Officer,
Valliyoor,
Government Higher Secondary School Compound,
Valliyoor.
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3.The Principal Secretary,
Government of Tamil Nadu,
Department of Finance,
Secretariat, Chennai.
4.The Principal Secretary,
Government of Tamil Nadu,
Department of School Education,
Secretariat, Chennai.
5.The District Educational Officer (Secondary), Tirunelveli.
6.The Secretary, Department of School Education, Fort St.George, Chennai-600 009.
7.The Director of School Education, College Road, Chennai-600 006.
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and S.SRIMATHY, J.
Tmg W.A(MD)No.1755 of 2024, W.P.(MD)Nos.16732 of 2021, 142, 1360, 3633 of 2024 26.09.2025 34/34 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/10/2025 12:46:29 pm )