WA/415/2024 of The State of Tamil Nadu Vs M. Suseelama on 11 September 2026

JUDGMENT

(Krishnaswamy Govindarajan,J.) The unsuccessful respondents in the writ petition are the appellants before this Court.

2. The respondent herein, who is the writ petitioner in W.P.No.26452 of 2015, filed the writ petition for the following relief: ‘’calling for the records on the file of the first respondent in proceedings G.O.Ms.No.158, School Education Department, dated 09.10.2014 and quash the same insofar as it restricts the regularization of the services of the petitioner from the date of issuance of the Government Order i.e., 09.10.2014 and consequently direct the respondents to regularize the services of the petitioner in the post of Craft Instructor with effect from the date of her initial appointment with all consequential service and monetary benefits including terminal benefits.’’

3. It is the case of the writ petitioner / respondent herein that she was appointed as Double Part Time Pre-vocational Instructor in Panchayat Union Middle School, Chennasandiram, Hosur and Panchayat Union Middle School, Nandimangalam on 23.04.1977, through the Employment Exchange. At the time of appointment, the petitioner had completed VIII Standard and also one year training in Tailoring from Hindustan Aeronautics Ltd., Bangalore. Subsequently, in the year 2001, the petitioner completed her S.S.L.C. As per the

WA No. 415 of 2024 existing Rules, the required qualification for the post of Pre-vocational Instructor is a Pass in VIII Standard with Technical Teacher Certificate (T.T.C.).

4. The only Institute issuing Technical Teachers' Certificate situated at Aduthurai and the said institution was also closed. In such circumstances, the petitioner was unable to get T.T.C. qualification. Similarly placed persons like the petitioner, who do not possess T.T.C. qualification, made their representations to the first respondent and the first respondent, upon the recommendations made by the Educational Authorities, had issued G.O.Ms.No.1529, Education Department dated 28.09.1988, relaxing the Rules, exempting the possession of T.T.C. qualification, by considering the fact that the said candidates were over aged and had also put in long years of service. The 2nd respondent in the writ petition had sent a proposal dated 12.04.2002 to the first respondent recommending the petitioner for permanent absorption by relaxing the relevant Rules as was done in G.O.Ms.No.1310 dated 14.08.1987 and G.O.Ms.No.1529 dated 28.09.1988. Since no order was passed on the proposal, the petitioner filed W.P.No.20181 of 2009 and this Court vide order dated 15.12.2009 directed the respondents to consider the representation made by the petitioner. One more writ petition was filed by the writ petitioner in W.P.No.13600 of 2013 for relaxing the qualification and for regularisation. Against the order made in W.P.No.13600 of 2013, the respondents filed an

WA No. 415 of 2024 Appeal before this Court in W.A.No.2476 of 2013. The said Writ Appeal was also dismissed by this Court vide judgment dated 01.08.2014 with a direction to comply with the order of the learned Single Judge made in W.P.No.13600 of 2013 dated 03.06.2013 within a period of six weeks. Thereafter, the first respondent issued G.O.Ms.No.158 dated 09.10.2014 accepting the proposals of the second respondent and appointed the petitioner as Craft Instructor. Thereafter, by an order dated 14.11.2014 in Na.Ka.No.2475/A6/2014 passed by the third respondent, the services of the petitioner were regularised with effect from 09.10.2014.

5. The petitioner sent one more representation requesting the respondents to regularise her service from the date of initial appointment. The respondents in the writ petition opposed the prayer sought by the petitioner on the ground that the petitioner was not in possession of the essential technical educational qualifications required for appointment as Full Time Pre-vocational Instructor, i.e., (i) Diploma in Costume Designing and Dress-making issued by the State Board of Technical Education, (ii) Higher Grade in Needle Work and Higher Grade in Embroidery Course conducted by the Director of Government Examinations, Chennai and (iii) Teachers' Training Certificate - three months training course conducted by the Director of Government Examinations, Chennai. The qualification possessed by the petitioner is not considered as equal and valid for appointment as Full Time Pre-vocational Instructor, as the

WA No. 415 of 2024 certificate is not evaluated by the Tamil Nadu Government on par with the Technical Educational Qualification prescribed. On the basis of arguments advanced before the Court, the Writ Court came to the conclusion that the petitioner is entitled to be regularised in the post of Craft Instructor with effect from the date of her initial appointment with all consequential service and monetary benefits including terminal benefits. Aggrieved by the said order, the appellants, who are the respondents in the writ petition, have filed the present appeal.

6. We have heard the arguments of the Government Advocate for the appellants and the counsel for the respondent.

7. As rightly pointed out by the appellants, G.O.Ms.No.158 dated 09.10.2014 regularising the petitioner was issued only by relaxing the qualification rules and the regularisation is from the date of the G.O. dated 09.10.2014. In the counter filed by the appellants before the Writ Court, in para 4 & 5, the appellants have categorically stated the qualification and how the regularisation of the petitioner happened, which is extracted hereunder: ‘’4. It is submitted that as per Special Rules for Tamilnadu Elementary Educational Subordinate Service Rules vide G.O.Ms.No.1383/ Education (FUS1) Dept. dated 23.8.1986 the minimum required educational qualifications for appointment as Full Time Pre-Vocational Instructor in Elementary Education is as

WA No. 415 of 2024 follows: Class Name

of Category Method of appointment Required qualification Clas s VI Pre- Vocationa l Instructor Full Time Direct recruitmen t 8th Passed or ESLC passed and Diploma in Costume Designing and Dress- making issued by the State Board of Technical Education and Training, Madras In G.O.Ms.No.1366/Education Dept dated 5.9.1986 the Government issued orders raising the General Educational Qualification for Full Time Craft Teachers in Middle Schools from 8th Pass or ESLC Pass to SSLC pass.

5. As the writ petitioner is not having the required technical educational qualification of (i) Diploma in Costume Designing and Dress-making issued by the State Board of Technical Education and Training, Madras or Higher Grade in Needle Work and Higher Grade in Embroidery Certificate of Tamilnadu and (ii) T.T.C. in Needle work and Embroidery she could not be brought into regular time scale post though she served in Part Time Pre-Vocational Instructor's post for the past 36 years. One year certificate course in Tailoring Technical Qualification which was undergone by the writ petitioner in Hindustan Aeronautics Limited, Bangalore is not a valid and prescribed Technical Educational Qualification for appoint as Full

WA No. 415 of 2024 Time Pre-vocational Instructor post in Tamilnadu Educational Institutions. The Tailoring Technical Certificate obtained in Hindustan Aeronautics Limited is not also evaluated by the Tamilnadu Government on par with the Technical Educational Qualification of Diploma in Costume Designing and Dress-making issued by the State Board of Technical Education and Training, Madras or Higher Grade in Needle Work and Higher Grade in Embroidery Certificate of Tamilnadu.’’

8. The writ petitioner was not able to establish before this Court that she possessed the required qualification for Full Time Pre-Vocational Instructor, i.e., (i) Diploma in Costume Designing and Dress-making issued by the State Board of Technical Education, (ii) Higher Grade in Needle Work and Higher Grade in Embroidery Course conducted by the Director of Government Examinations, Chennai and (iii) Teachers' Training Certificate - three months training course conducted by the Director of Government Examinations, Chennai.

9. The writ petitioner's contention that the only institute providing Technical Teachers' Certificate at Aaduthurai was closed and only because of that she was not able to get the necessary qualification is not acceptable. On the other hand, the writ petitioner has not given any valid reason as to why she has not acquired the qualification for the past 36 years. Only because of repeated representations, the Government issued a one-time measure by relaxing the

WA No. 415 of 2024 educational qualification and regularised the petitioner. A person, who was not qualified at the time of entry, cannot seek regularisation from the date of initial appointment. The concession given by the Government itself is more than what the petitioner is entitled to and the petitioner cannot further ask the Government seeking regularisation from the date of appointment. The Writ Court has not properly considered the above said factual aspects and allowed the writ petition.

10. In view of the discussions stated above, we are inclined to interfere with the order of the learned Single Judge. Accordingly, the order of the Writ Court is set aside. The regularisation of the respondent / writ petitioner shall be only from the date of G.O.Ms.No.158 dated 09.10.2014, i.e., w.e.f. 09.10.2014, and she is not entitled for regularisation from the date of initial appointment with retrospective benefits.

11. In the result, this Writ Appeal is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. (S.M.S.,J.) (K.G.R.,J.) 17-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rli

WA No. 415 of 2024 To

4. The State of Tamil Nadu Rep by its Secretary to Government, School Education Department, Secretariat, Chennai 9.

5. The Director of Elementary Education College Road, Chennai 6.

6. The District Elementary Educational Officer Krishnagiri District.

WA No. 415 of 2024 S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. rli Pre-delivery judgment in WA No. 415 of 2024 17-09-2026