IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-01-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR V.S.Rakul Prabu S/o.Sellamuthu, 274, Valapadiyar Complex, Valapadi, Salem-636 115.

..Petitioner(s)

Vs

1. The Secretary to Government, Department of Education, Secretariat, Fort St. George, Chennai-9.

2. The Joint Director of School Education (Personnel), Directorate of School Education, DPI Campus, College Road, Chennai-6.

3. The Director of Elementary School Education, Directorate of Elementary School Education, DPI Campus, College Road, Chennai-6.

4. The District Elementary Educational Officer, The District Elementary Education Office, Salem-636 001.

5. The Head Master The Government Girls Higher Secondary School, Valapadi, Salem-636 115.

..Respondent(s)

PRAYER – This Writ Petition has been filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus, calling for the records pertaining to the order made in O.Mu. No.427/A1/ 2013 dated 20.3.2013 by the 4th respondent and quash the same and further directing the 2nd respondent to regularise petitioner appointment in the Post of Assistant retrospectively with effect from 7.8.1999 on par with his junior namely Mr.K.Subarmani based on the letter dated 14.8.2013 of the 3rd respondent and consequently directing the 2nd respondent to promote the petitioner to the post of Desk Superintendent on par with his junior namely Mr.K.Subarmani with all monetary and service benefits.

For Petitioner(s): Mr.K.Venkatramani, Senior Counsel For Respondent(s): Mrs.P.Rajarajeswari, Government Advocate (For R1 To R4)

No appearance (for R5)

O R D E R

The petitioner seeks issuance of a Writ of Certiorarified Mandamus to quash the order dated 20.03.2013 passed by the fourth respondent and consequently to direct the second respondent to regularise the service of the petitioner in the post of Assistant retrospectively with effect from 07.08.1999, on par with his junior, namely Mr. K. Subramani.

2. By the said order, the petitioner’s claim for regularisation of service with effect from 07.08.1999 came to be rejected on the ground that such retrospective regularisation could be granted only in cases of appointment on compassionate grounds.

3. Heard the learned Senior Counsel appearing for the petitioner and the learned Government Advocate appearing for respondents 1 to 4, and perused the entire materials available on record.

4. The learned State Counsel placed on record the order dated 16.12.2025 issued by the second respondent. By the said order, the petitioner’s service as Assistant has been regularised with effect from 08.07.1999, and he has been promoted to the post of Superintendent with effect from 21.09.2011. However, the learned Senior Counsel appearing for the petitioner submitted that the regularisation and promotion have been granted only notionally, thereby denying the petitioner arrears of salary and further promotion to the post of Personal Assistant to the District Educational Officer.

5. If the petitioner is aggrieved by the said order dated 16.12.2025, it is open to the petitioner to challenge the same before the appropriate forum. Preserving the liberty of the petitioner to challenge the said order, this Writ Petition stands disposed of. All the contentions of the parties are left open. In the meantime, the respondents are directed to implement the order dated 16.12.2025 within a period of two months from the date of receipt of a copy of this order. No costs.

28-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GSA To

1. The Secretary to Government Department of Education, Secretariat, Fort St. George, Chennai-9.

2. The Joint Director of School Education (Personnel), Directorate of School Education, DPI Campus, College Road, Chennai-6.

3. The Director of Elementary School Education, Directorate of Elementary School Education, DPI Campus, College Road, Chennai-6.

4. The District Elementary Educational Officer, The District Elementary Education Offi