Case Note & Summary
The case concerns a writ appeal filed by the State of Tamil Nadu against an order of the single judge of the High Court of Madras in W.P.No.20295 of 2020 dated 08.11.2024. The respondents, D. Rajesh and S. Shelton, were originally appointed as Secondary Grade Teachers on 20.11.2008 and 19.11.2008 respectively. They were posted in Government High Schools for the Deaf at Erode and Dharmapuri. In 2020, considering administrative exigencies and the difficulty faced by Secondary Grade Teachers in handling subjects like English, Science, and Maths for classes 6th to 8th, the Government, via proceedings dated 19.11.2020, upgraded the respondents as graduate teachers (B.T. Assistants). Subsequently, the Government cancelled this upgradation. The respondents challenged the cancellation in a writ petition. The single judge allowed the writ petition, setting aside the cancellation. Aggrieved, the State filed the present intra-court appeal under Clause 15 of the Letters Patent, seeking to set aside the single judge's order. The appeal came up for hearing before a division bench of the Madras High Court. The judgment under review, however, is not fully recited in the provided text, and the final outcome and reasoning of the division bench remain unknown.
Issue of Consideration
Case Details
2026 LawText (MAD) (07) 126
WA No. 1841 of 2026 and C.M.P.No.16644 of 2026
S. M. Subramaniam, N. Senthilkumar
Dr.R.Gouri, Government Counsel (for appellants); Mr.D.Muthu Kumar for M/s.Paul & Paul (for respondents)
Secretary to Government, Department of Welfare of Differently Abled; The State Commissioner, Commissionerate for the Welfare of the Differently Abled; The Joint Director, Commissionerate for the Welfare of the Differently Abled; The Headmaster, Govt. High School for Hearing Impaired, Virudhunagar
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Nature of Litigation
Service matter - Writ Appeal against order allowing writ petition challenging cancellation of upgradation of teachers
Remedy Sought
Appellants seek to set aside the order dated 08.11.2024 in W.P.No.20295 of 2020 and allow the writ appeal
Filing Reason
The respondents' upgradation to B.T. Assistant was cancelled; respondents challenged cancellation in writ, single judge allowed; State filed appeal
Previous Decisions
W.P.No.20295 of 2020 allowed by single judge on 08.11.2024, setting aside the cancellation of upgradation
Issues
Validity of cancellation of upgradation of respondents from Secondary Grade Teacher to B.T. Assistant
Judgment Excerpts
Under assail is the writ order dated 08.11.2024 passed in W.P.No.20295 of 2020.
The respondents were appointed as Secondary Grade Teachers on 20.11.2008 & 19.11.2008 respectively.
the Government, considering the fact that Secondary Grade Teachers found it difficult to effectively handle the subjects, such as English, Science and Maths for Classes 6th, 7th and 8th, on certain administrative exigency and to impart education to the special children in Government Schools, issued orders posting the respondents as upgraded graduate teachers, vide proceedings dated 19.11.2020.
Procedural History
Respondents filed W.P.No.20295 of 2020 challenging cancellation of their upgradation. Single judge allowed the writ on 08.11.2024. State filed present intra-court appeal under Clause 15 of Letters Patent against that order.
Acts & Sections
- Letters Patent (Madras): Clause 15
