C.R.KASTURI vs THE STATE OF TAMIL NADU

Court
Madras High Court

2026:MHC:4561
WP No. 10009 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-11-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP Nos. 10009 and 25169 of 2024
CNR:{HCMA010660682024}
and
WMP Nos. 27486 and 27487 of 2024
WP No. 10009 of 2024
C.R.Kasturi
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep By its Secretary, Education Department,
Fort St. George, Chennai-09.
2. The Director
Directorate of School Education, D.P.I.
Compound, College Road, Chennai-06.
3. The Joint Director
Directorate of School Education, D.P.I.
Compound, College Road, Chennai-06.
4. The Chief Educational Officer
Presidency Girls Higher Secondary School
Campus, Gengu Reddy Road,
Opp . Santhosh Hospital,
Egmore, Chennai-08.
5. The District Educational Officer
Government Girls Higher Secondary School,
Near Sidco Nagar, Villivakkam, Chennai-49.
6. The Correspondent
St.Francis Xavier Anglo Indian Girls Higher
Secondary School No.208,
Broad Way, Chennai-108.
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2026:MHC:4561
WP No. 10009 of 2024
7. The Inspector of Anglo Indian Schools
DPI Complex, College Road, Chennai-06
..Respondent(s)
WP No. 25169 of 2024
CNR:{HCMA011559772024}
St. Francis Xaviers Anglo Indian
Higher Secondary School, Rep By Its
Correspondent, No.209, Broadway, Chennai- 108.
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep By its Secretary, Education Department,
Fort St. George, Chennai- 09.
2. The Director, Directorate of School Education
D.P.I.Compound, College Road, Chennai-06.
3. The Joint Director
Directorate of School Education,
D.P.I.Compound, College Road, Chennai-06.
4. The Chief Educational Officer
Presidency Girls Higher Secondary School
Campus, Gangue Reddy Road,
Opp.Santhsh Hospital, Egmore, Chennai- 08.
5. The District Educational Officer
(Anglo Indian / Elementary Education)
Triplicane, Chennai-05.
6. C.R. Kasturi
..Respondent(s)
Prayer in W.P.No.10009 of 2024:- Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, directing all the
Respondents herein to discharge their respective duties and regularize the
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2026:MHC:4561
WP No. 10009 of 2024
services of the petitioner as Vocational Instructor / Computer Science Teacher
W.e.f. May 1997, being the date of acquiring Post Graduate diploma in
Computer Science with all attendant benefits as applicable to the vocational
teachers i.e.Grade II from the academic Year 1997 - 1998 ending 07.07.2004
and thereafter Grade -I pay from 08.07.2004 with all attendant service benefits
including service Seniority, Salary and other allowances, as accord to other
Vocational Teachers of the same category.
Prayer in W.P.No.25169 of 2024:- Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorari, calling for the records
pertaining to the impugned proceedings dated 26.06.2024, in Na.ka. No.
1909/A5/ 2024 on the file of the 5th respondent and quash the same.
W.P No. 10009 of 2024
For Petitioner(s): Mr.C.Johnson
For Respondent(s): Mrs.Y.Kavitha,
Additional Government Pleader
(for R1 to R5)
Dr.Father Xavier Arulraj,
Senior Counsel
for M/s.Father Xavier Associates (for R6)
No appearance (for R7)
W.P No. 25169 of 2024
For Petitioner(s): Dr.Father Xavier Arulraj,
Senior Counsel
for M/s.Father Xavier Associates (for R6)
For Respondent(s): Mrs.Y.Kavitha,
Additional Government Pleader
(for R1 to R5)
Mr.C.Johnson (for R6)
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2026:MHC:4561
WP No. 10009 of 2024
COMMON ORDER
W.P.No.10009 of 2024 has been filed by one C.R.Kasthuri (hereinafter
referred to as the petitioner), seeking issuance of a Writ of Mandamus directing
the respondent authorities to regularize her services as Vocational Instructor /
Computer Science Teacher from the date of her initial appointment and to grant
all consequential benefits.
2. W.P.No.25169 of 2024 has been filed by St. Francis Xaviers Anglo
Indian Higher Secondary School (hereinafter referred to as the School),
challenging the order dated 26.06.2024, whereby the School was directed to pay
salary to the petitioner (sixth respondent) in accordance with the Seventh Pay
Commission.
3. Since the issues involved in both the Writ Petitions are intertwined and
interconnected, they are taken up together for common disposal.
4. The learned counsel appearing for the petitioner in W.P.No.10009 of
2024 would contend that, as per G.O.Ms.No.35, School Education (VE)
Department, dated 09.02.2007, the Government had sanctioned 201 full-time
Vocational Instructors to be converted from part-time Vocational Instructors
and that the petitioner was initially appointed as a part-time Vocational
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2026:MHC:4561
WP No. 10009 of 2024
Instructor. However, by virtue of G.O.Ms.No.525, School Education (D1)
Department, dated 29.12.1997, two full-time teacher posts under the vocational
stream were sanctioned to each school. Hence, it is the contention of the learned
counsel for the petitioner that, the petitioner having been appointed in May
1997 and 201 full-time Vocational Instructor posts having been sanctioned, she
is entitled to be regularized from the date of her initial appointment, namely,
May 1997. However, the respondent authorities had regularized the petitioner
only with effect from 09.04.2009, which is contrary to G.O.Ms.No.525. Hence,
he prayed to allow the Writ Petition. In support of his contention, he relied upon
the judgments of the Division Bench of this Court in State of Tamil Nadu vs.
V.Nazarayan (W.A.No.1665 of 2019, dated 07.08.2023) and M.Theivanayagi
vs. State of Tamil Nadu (W.A.(MD).No.1350 of 2019, dated 27.11.2019).
5. Per contra, the learned Additional Government Pleader would contend
that, when the petitioner was regularized in terms of G.O.(2D).No.14, School
Education (VE) Department, dated 09.04.2009, subject to a specific condition
that she would be entitled only to the Contributory Pension Scheme, she cannot
now seek to take advantage of the date of her initial appointment. She would
further contend that the judgments of the Division Bench of this Court relied
upon by the petitioner arose in cases where individuals sought regularization,
whereas, in the case in hand, the petitioner had already been regularized, and
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2026:MHC:4561
WP No. 10009 of 2024
her only grievance is that she should have been regularized with effect from the
date of her initial appointment. The learned Additional Government Pleader
would further contend that, since the petitioner had not challenged G.O.
(2D).No.14, dated 09.04.2009, she cannot seek issuance of a Writ of
Mandamus. Hence, she prayed to dismiss the said Writ Petition.
6. Similarly, in W.P.No.25169 of 2024, the learned Senior Counsel
appearing for the School would contend that, though the petitioner's post was
sanctioned as per the staff fixation order, the said post was brought under the
unaided scheme. When the School issued an appointment order to the petitioner,
a specific condition was imposed therein that the petitioner was not a
Government servant and, therefore, the rules and regulations governing
Government servants would not be applicable to her. It is also his contention
that the petitioner's net salary as on the date of her retirement was Rs.48,336/-
and that she was also sanctioned provident fund benefits to the tune of
Rs.22,40,538/-.
6.1. It is the further contention of the learned Senior Counsel that, though
the post occupied by the petitioner was upgraded, it was brought under the
unaided scheme, and the Government has no authority to direct the School to
pay salary in accordance with the rules and regulations applicable to
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2026:MHC:4561
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Government servants. Such a direction would be in contravention of the
judgment of the Full Bench of this Court in Correspondent/Principal vs.
T.Sorubarani, reported in 2015-5 L.W. 544. Hence, he prayed to allow
W.P.No.25169 of 2024 and dismissing W.P.No.10009 of 2024.
7. By way of reply, the learned counsel appearing for the petitioner in
W.P.No.10009 of 2024 would contend that the post held by the petitioner is an
approved post, that too in aided school and that, in accordance with the Tamil
Nadu Private Schools (Regulation) Act, 2019, the School is liable to pay salary
to her on par with Government school teachers. Therefore, the School cannot
take a stand that the petitioner is not entitled to the benefits of the Seventh Pay
Commission.
8. I have given my anxious consideration to the submissions made on
either side.
9. Coming to W.P.No.10009 of 2024, the sum and substance of the prayer
is for regularization with effect from the date of the petitioner's initial
appointment, viz., 1997. Though the learned counsel for the petitioner would
rely upon G.O.Ms.No.35, School Education (VE) Department, dated
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2026:MHC:4561
WP No. 10009 of 2024
09.02.2007, and G.O.Ms.No.525, School Education (D1) Department, dated
29.12.1997, to substantiate her case that two posts were sanctioned in each
school, it is not disputed by the petitioner that she was regularized in terms of
G.O.(2D).No.14, dated 09.04.2009. The said regularization order contains a
specific condition that the petitioner would be entitled to the Contributory
Pension Scheme, which was introduced with effect from 01.04.2003.
Admittedly, the said order has not been challenged.
10. Though the learned counsel for the petitioner had relied upon the
judgments in V.Nazarayan's case (cited supra) and M.Theivanayagi's case
(cited supra), those judgments of the Division Bench arose out of cases seeking
regularization. Though, in those Writ Petitions, regularization was directed from
the date of initial appointment, in the case on hand, the petitioner had already
been regularized, subject to the specific condition that she would be entitled
only to the benefits under the Contributory Pension Scheme. Further, the said
order has not been challenged all these years and reached finality. In such
circumstances, the question of treating the date of the petitioner's regularization
as the date of her initial appointment cannot be acceded to, as the original order
of regularization remains unchallenged. Therefore, this Court is of the firm view
that the Writ of Mandamus sought for in W.P.No.10009 of 2024 cannot be
granted. Hence, the said Writ Petition is liable to be dismissed.
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2026:MHC:4561
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11. Coming to W.P.No.25169 of 2024, though the petitioner's post was
upgraded and duly sanctioned, such upgradation was made subject to the
specific condition that the School shall not claim any grant, as specifically
referred to in G.O.(3D).No.85, dated 15.06.2012. Based upon such upgradation,
when the petitioner was appointed to the post of Middle Grade Assistant / BT
Assistant on 31.01.2015, the said condition was specifically mentioned in
paragraphs 2 and 4 of the appointment order. For ready reference, the same are
extracted hereunder:-
“2. As on date yours is a Management Post. Hence the
Management and you are not bound by the orders of the
government regarding the appointment and salary. Sectioning
of a post implies sanction of the salary. When the Government
Order does not permit the teacher to be paid from the General
Fund and hence claim the deficit grant, she is no more a
Government Servant and hence rules and regulations that
govern a Government servant does not apply to you.
4. No pension or other benefits will be claimed from the
Management at the time of Retirement.”
12. From the above narration, it is amply clear that, even at the time of
her appointment, the petitioner was put on notice that she would be treated as
unaided staff. Though the learned counsel for the petitioner relies upon the staff
fixation order, even the same specifically mentioned that the post is only an
unaided post. Therefore, as rightly contended by the learned Senior Counsel, the
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2026:MHC:4561
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petitioner would be an employee of the School Management alone and cannot
be treated as an aided school.
13. In this regard, it is relevant to extract paragraphs 26 and 27 of the
judgment of the Full Bench of this Court in T.Sorubarani's case (cited supra),
which read as follows:-
“26. Thus, the issue regarding claim of salary by unaided
school staff on par with the Government School/Aided School
staff is no longer res integra. In order to avoid prolixity, we
have not reiterated the arguments and considerations which
have already been raised before the earlier Division Benches.
Also, since the learned single Judge has gone into the judgments
of the Hon'ble Supreme Court in detail, we have not repeated the
observations here again.
27. This Court would also like to place on record that even
the staff of the State Government are not paid salary on par with
their counterparts of the Central Government. In such
situation, the State Government cannot force the Management
of a private school to pay salary to its staff on par with the staff
of the State Government, which, in the considered opinion of
this Court, will indirectly forcing the institution to surrender the
fundamental right guaranteed under Article 30(1) of the
Constitution of India.”
14. In view of the above ratio, the staff of unaided schools cannot claim
salary on par with the staff of Government or aided schools. As held by the Full
Bench of this Court, any direction issued to a minority institution to pay salary
to its employees on par with Government employees would indirectly compel
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2026:MHC:4561
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the minority institution to surrender the fundamental right guaranteed under
Article 30(1) of the Constitution of India. Therefore, as rightly contended by the
learned Senior Counsel appearing for the School, the direction issued by the
District Educational Officer directing the School authorities to pay salary and
other benefits in accordance with the Seventh Pay Commission is contrary to
the decision of the Full Bench. Accordingly, the impugned order is liable to be
quashed.
15. In view of the above, W.P.No.25169 of 2024 is allowed and the
impugned order dated 26.06.2024 is hereby quashed. Similarly, W.P.No.10009
of 2024 is dismissed. The connected Miscellaneous Petitions are closed. No
costs.
13-11-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KV
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2026:MHC:4561
WP No. 10009 of 2024
To
1. The State of Tamil Nadu
Rep By its Secretary, Education Department,
Fort St. George, Chennai-09.
2. The Director
Directorate of School Education, D.P.I.
Compound, College Road, Chennai-06.
3. The Joint Director
Directorate of School Education, D.P.I.
Compound, College Road, Chennai-06.
4. The Chief Educational Officer
Presidency Girls Higher Secondary School
Campus, Gengu Reddy Road,
Opp. Santhosh Hospital,
Egmore, Chennai-08.
5. The District Educational Officer
Government Girls Higher Secondary School,
Near Sidco Nagar, Villivakkam, Chennai-49.
6. The Correspondent
St.Francis Xavier Anglo Indian Girls Higher
Secondary School No.208,
Broad Way, Chennai-108.
7. The Inspector of Anglo Indian Schools
DPI Complex, College Road, Chennai-06.
8. The District Educational Officer
(Anglo Indian / Elementary Education)
Triplicane, Chennai-05.
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2026:MHC:4561
WP No. 10009 of 2024
C.KUMARAPPAN J.
KV
WP Nos. 10009 and 25169 of 2024
13-11-2026
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