G.Balasingh vs The Director of School Educa

Court
Madras High Court

WP(MD) No. 28966 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 28966 of 2026
CNR:{HCMD011384682026}
and
WMP(MD) No.21961 of 2026
G.Balasingh
S/o.A.George,
106-h/7E, Millerpuram,
Thoothukudi District - 628 008.
..Petitioner
Vs
1. The Director of School Education
DPI Complex, College Road,
Chennai - 600 006.
2. The Chief Educational Officer
O/o.The Chief Educational Officer,
Thoothukudi,
Thoothukudi 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 pertaining to the impugned order in Na.Ka. No
76118/W1/E1/2025 dated 12.08.2026 on the file of the Respondent No.1
and quash the same as illegal and consequently to direct the Respondent
No.1 to provide notional promotion to the post of Higher Secondary
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WP(MD) No. 28966 of 2026
School Head Master with effect from 20.07.2024 with all attendant
benefits within the time stipulated by the Court.

For Petitioner : Mr.S.Louis
For Respondents : Mr.M.Mahaboob Athiff
Special Government Pleader
O R D E R
The petitioner, who served as a PG Assistant (Economics) in the
Government Higher Secondary School, Sorispuram, Tuticorin, retired
from service on attaining the age of superannuation on 30.06.2026.
The petitioner with a grievance that he was not provided with the
promotion to the post of Headmaster that the post has not been displayed
in the online counselling in a transparent manner, has raised certain issues
with the Chief Educational Officer, Tuticorin. The Chief Educational
Officer has rejected the request of this petitioner and the same was
subjected before this Court, by way of a writ petition in
WP(MD) No.23017 of 2025. The said writ petition was disposed by this
Court, by order dated 25.08.2025 that this petitioner has relinquished his
promotion and hence as per the applicable Rules, he cannot seek
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WP(MD) No. 28966 of 2026
promotion as a matter of right for a period of three years. However, this
Court, while dismissing the above writ petition has granted liberty to this
petitioner to work out his remedy, claiming promotion in the future and a
direction was also issued to the Director of School Education to dispose of
his appeal, if any filed. The order impugned in this writ petition is the
order passed by the Director of School Education on his appeal seeking
notional promotion to the post of Headmaster.
2.The learned counsel for the petitioner contends that during
the online counselling, the designated post was concealed from the portal
and therefore, he objected to this non-disclosure and subsequently walked
out of the proceedings. According to the learned counsel, this is the
mistake on the part of the respondents, for which, the petitioner cannot be
penalised and he is eligible for notional promotion.
3.Mr.M.Mahaboob Athiff, learned Special Government
Pleader submits that by referring to the provisions under Section 48(1) of
the Tamil Nadu Government Servant (Conditions of Service) Act, 2016,
the Director of School Education has rejected the claim of this petitioner
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WP(MD) No. 28966 of 2026
that this petitioner was not having the required period of experience to be
promoted as a Headmaster, in view of his relinquishment, in the relevant
post at the time of consideration of promotion panel and therefore, this
petitioner’s case cannot be considered. He further submits that the question
of notional promotion after the retirement does not arise, when this
petitioner has not even served in the relevant post. In this regard, the
learned Special Government Pleader is relying upon the order of the
Honourable Supreme Court in Government of West Bengal and others
Vs. Dr.Amal Satpathi and others [2024 SCC online SC 3512] wherein,
the Honourable Supreme Court has considered the very same question in
paragraph 15 and answered in paragraph 21 and the relevant portions are
extracted as under:-
“15.The primary question that arises for our
consideration in the present appeal is whether respondent
No.1, who was recommended for the promotion before this
retirement but did not receive actual promotion to the
higher post due to administrative delays, is entitled to
notional financial benefits of the promotional post after his
retirement?
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WP(MD) No. 28966 of 2026
21.While we recognize respondent No.1’s right to be
considered for promotion, which is a fundamental right
under Articles 14 and 16(1) of the Constitution of India, he
does not hold an absolute right tot he promotion itself. The
legal precedents discussed above establish that promotion
only becomes effective upon the assumption of duties on the
promotional post and not on the date of occurrence of the
vacancy or the date of recommendation. Considering that
respondent No.1 superannuated before his promotion was
effectuated, he is not entitled to retrospective financial
benefits associated to the promotional post of Chief
Scientific officer, as he did not serve in that capacity.’
4.Considering the above position of law as on date and the
earlier orders passed by this Court in WP(MD) No.23017 of 2025, dated
25.08.2025, this Court is not inclined to entertain this writ petition.
Accordingly, this writ petition is dismissed. No costs. Consequently
connected miscellaneous petitions are closed.
27-10-2026
DSK
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WP(MD) No. 28966 of 2026
To
1. The Director of School Education
DPI Complex, College Road,
Chennai - 600 006.
2. The Chief Educational Officer
O/o.The Chief Educational Officer,
Thoothukudi,
Thoothukudi District.
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WP(MD) No. 28966 of 2026
B.PUGALENDHI, J.
DSK
WP(MD) No. 28966 of 2026
27-10-2026
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