Madras HC comes to aid of school teacher denied promotion

When he was due for promotion as headmaster of primary school, it was denied. Subsequently, he approached the court.
The Madras High Court.
The Madras High Court.File photo | Express

CHENNAI: The Madras High Court has held that a teacher of an aided school, which was taken over by the government, is eligible for promotion on a par with other teachers since the appointment was made by the government.

Justice D Bharatha Chakravarthy passed the orders recently on a petition filed by J Nakkiran employed with Sri Saraswathi Aided Elementary School at Kodavasal in Tiruvarur district, which was taken over by the government in 1992.

After his appointment, which was subsequently approved by the School Education department in 1997, he was provided with service benefits in accordance with government school teachers. However, when he was due for promotion as headmaster of primary school, it was denied. Subsequently, he approached the court.

Once an aided school is taken over by the government, the employment could never be deemed to be employment in a private aided school, the judge held.

Noting that the petitioner was deemed to be a government servant when his service was regularised, the judge ordered the respondent authorities to promote the petitioner as headmaster with effect from July 23, 2007, with all service, monetary and other benefits. The judge also directed the authorities to grant him notional promotion and payment of arrears within 12 weeks.

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