WA/1430/2024 of THE DIRECTOR OF ELEMENTARY EDUCATION Vs R. RAJA on 22 September 2026

Common Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.) The Director of Elementary Education preferred the present intra- court appeals under Clause 15 of the Letters Patent, challenging the order dated 14.09.2022 passed in WP Nos.18529 & 18528 of 2020.

2. The issue arises in the present writ appeals is whether the benefit granted by the Government in G.O.Ms.No.77, School Education (Tho.Ka.1(2)) Department, dated 24.04.2017 is to be implemented retrospectively or prospectively. The said Government Order states that in respect of Panchayat Union / Municipal / Aided Primary and Middle Schools functioning under the control of the Director of Elementary Education, the Secondary Grade Teachers in the event of studying B.Ed. course through correspondence, the training in Learning and Teaching can be undergone in the school of their service without going to other schools, when the respective Universities permits to do so, in order to undergo the above said training without availing leave, and the said training period to be deemed as service period as per Rule 9(6)(b)

(i) of Basic Rules.

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3. In the present case, admittedly, the respondents had undergone the training prior to the issuance of G.O.Ms.No.77.

4. Learned Additional Government Pleader would submit that G.O.Ms.No.77 has been implemented prospectively with effect from the date of issuance of the order and there is no specific clause to implement the order with retrospective effect. Thus, the writ order impugned, if implemented retrospectively, it will open floodgates for all other Secondary Grade Teachers, who completed training prior to the year 2017 will also approach the Court for grant of monetary benefits, resulting in huge financial burden to the State exchequer.

5. This Court is of the considered view that G.O.Ms.No.77 is a policy decision taken by Government to extend the benefit of treating the training period as service. The order states that the benefit will be granted from the date of issuance of the G.O. That being the factum, the said G.O. cannot be implemented retrospectively by issuing a direction to the Government. Therefore, Government policy issued in G.O.Ms.No.77 will have prospective effect from the date of issuance of GO, i.e., 24.04.2017, and the Secondary Grade Teachers, who had undergone training prior to the date of the said G.O. are not eligible to

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avail the benefit under the said G.O.

6. In view of the said position, the writ order dated 14.09.2022 passed in WP.Nos.18529 & 18528 of 2020 are set aside. Accordingly, writ appeal stands allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

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S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. GD WA No. 1430 of 2024 AND WA NO. 1432 OF 2024 22-09-2026