IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM :

THE HONOURABLE MS. JUSTICE P.T. ASHA

WMP Nos.2010 and 2012 of 2022

Bro.S.Dhanaraj ... Petitioner

Vs.

1 The State of Tamil Nadu

Rep. by its secretary,

Department of School Education, Fort St. Goerge, Cennai 600 009.

2 The Principal Accountant General (Civil Audit)

Tamil Nadu and Puducherry, 361, Anna Salai, Teynampet,

Chennai 600 018.

3 The Director of School Education,

College Road, Chennai 600 006.

4 The Chief Educational Officer,

Virudhunagar 626 002. Virudhunagar District.

5 The District Educational officer,

Virudhunagar 626 002 Virudhunagar District.

6 The Headmaster / Correspondent

St. Stanislaus Higher secondary School, 45, Mannarkottai Road, Sattur 626 203,

Virudhunagar District. ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the 5^th respondent, District Educational officer vide his proceedings in O.Mu.No.5805/A5/2018 dated 08.11.2018 quash the same and further direct to release pension for the petitioner for the pensionable service he rendered as teacher.

For Petitioner : Ms.Abisha Isaac for M/s.Isaac Chambers For Respondents : Mr.P.Ananda Kumar, Government Advocate for R1, R3 to R5 Mr.J.Sreevidya, Standing Counsel for R2 No appearance for R6

ORDER

The petitioner seeks to quash the order dated 08.12.2018 passed by the District Educational Officer in his proceedings O.Mu.No.5805/A5/ 2018 and consequently direct the respondents to grant pension for the pensionable service rendered by him as teacher.

2. The brief facts as set out in the affidavit filed in support of the writ petition is as follows:

2.1. The petitioner who possesses a B.A., M.A., degree in history and B.Ed., degree, was appointed a Secondary Grade Teacher with affect from 06.09.1777 in Santhome Higher Secondary School, Chennai. His appointment was approved by the District Educational Officer, Chennai (South). He continued in the said post till 08.06.1980 and was later transferred to the Campion Anglo Indian Higher Secondary School, Trichy. He has joined the School on 09.06.1980 and continued there till 07.06.1984. Thereafter, he was transferred to another School called St. Anthony's Higher secondary School, Coonoor, Nilgiri District as Secondary Grade Teacher where he joined on 08.06.1984. All the aforesaid Schools were recognized minority institutions administered by the brothers of Saint Gabriel popularly known as “Monfort Brothers”. The petitioner would submit that on 10.06.1987, he was promoted as B.T. Assistant and transferred back to Campion Anglo Indian Higher Secondary School, Trichy where he continued till 05.06.1989. On 06.06.1989, he was promoted as Headmaster and transferred to another School under the same management viz., All Saints High School (now Higher Secondary School), Muttom, Kanyakumari District where he worked till 05.06.1995. On 05.06.1995, he was transferred to the St. Stanislaus High School (now Higher Secondary School) where he joined duty on 06.06.1995 and he worked in the said Institute till 03.06.1996. As a petitioner was desirous of doing religious and social service in the Congregation of Brothers of Saint Gabriel, he voluntarily retired from service with effect on 03.06.1996.

2.2. The petitioner submits that he had in all put in service of 16 years 10 months and 5 days which service period was approved by the Education Department and salary was also paid and the said service was a pensionable one and hence, he was entitled to pension as per the extant rules. The petitioner would submit that though his superannuation occurred on June 2014 he had not immediately applied for pension but had done so on 25.10.2018. He had sent an application through the 6^th respondent School to the 5^th respondent, District Education Officer, Virudhachalam. However by the impugned proceedings, the 5^th respondent refused to consider the prop