WA/3441/2023 of DISTRICT ELEMENTARY EDUCATIONAL OFFICER Vs A.VIJAYA on 28 August 2026

J U D G M E N T

(Judgment of the Court was made by S.M.Subramaniam, J.)

The District Elementary Educational Officer, Salem preferred this present intra-court appeal under Clause 15 of the Letters Patent challenging the writ order dated 31.01.2023 passed in W.P.No.28216 of 2015. The first respondent filed the writ petition challenging the order of the second respondent Private Management dated 21.08.2015.

2. Perusal of the impugned proceedings in writ petition would show that the Correspondent of the second respondent - Aided Primary School issued the order of re-fixation and recovery. Such an order passed by the Private Management is appealable under the provisions of the Tamil Nadu Private Schools (Regulation) Act, 2018. No writ petition is entertainable against the proceedings issued by the Private School. Without exhausting the statutory remedy as contemplated under the Act, writ petition was entertained and the order was set aside by the writ Court. Thus, the Competent Authority of the Education Department preferred this present intra-court appeal.

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W.A.NO.3441 OF 2023

3. The learned Additional Government Pleader would submit that the first respondent is eligible for revision of pay from the year 2007 based on G.O.Ms.No.83, School Education (Tho.Ka.1(2)) Department, dated 28.04.2017. The Department has no objection to revise the pay of the first respondent based on the said Government Order, if she is otherwise eligible, as per the Service Records. However, the Writ Court has set aside the order passed by the Private School Management and directed the Management to revise the salary.

4. In respect of the Teachers working in Private Aided Schools, the correctness of the fixation has to be done by the Competent Authority of the Education Department. Private schools are governed by the provisions as contemplated under the Tamil Nadu Private Schools (Regulation) Act, 2018. Thus, any order passed by the Management is to be tested by the Competent Authority of the Education Department, which has not been done in the present case. Thus, the first respondent has to prefer an appeal setting out her grievances regarding fixation of pay, which has to be considered in the context of the Government Orders issued for fixation of pay to the approved Teachers working in Government Aided Schools.

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W.A.NO.3441 OF 2023

5. The learned Additional Government Pleader would submit that the case of the first respondent will be considered based on the Government Orders applicable for re-fixation of pay.

6. In view of the said submission, the first respondent is at liberty to submit a representation through Management to the Competent Authority of the Education Department. On receipt of such representation/ proposal from the School Management, the Competent Authority is directed to consider the same, in the context of the Government Orders, for fixation of pay to the approved Teachers and accordingly pass orders, on merits and in accordance with law, as expeditiously as possible.

7. With the above directions, the writ order impugned dated 31.01.2023 passed in W.P.No.28216 of 2015 is set aside and the writ appeal stands allowed. No costs. Consequently, connected civil miscellaneous petition is closed. [S.M.S., J.] [K.G.R., J.]

28.08.2026 Index : Yes / No Speaking Order : Yes / No Neutral Citation : Yes / No TK

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W.A.NO.3441 OF 2023

To The Secretary Sri Saradha BalaMandir Aided Primary School

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W.A.NO.3441 OF 2023

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK

W.A.NO.3441 OF 2023 28.08.2026

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