IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA R.Ragulan S/o.Ramamoorthy (late) No.519, South Street, Nayaganaipriyal, Udaiyarpalayam Taluk, Ariyalur-

621 804.

..Petitioner(s)

Vs

1. The State Of Tamil Nadu Rep By Its Secretary To Government Education Department, Chennai-9.

2. The Secretary Labour And Employment Department, Secretariat, Chennai-9.

3. The Director Of School Education College Road, Chennai-6.

4. The Joint Director/ Personnel School Education, College Road, Chennai-6.

5. The Chief Educational Officer Ariyalur.

6. The District Educational Officer Ariyalur.

..Respondent(s)

Prayer:- Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus calling for the records of the impugned order passed by the 4th respondent vide O.Mu. No.41526/A2/ E1 (J2) / 2017 dated 29.10.2024 and quash the same and consequently direct the respondents to appoint the petitioner as Junior Assistant with retrospective effect with effect from the date of his initial appointment (i.e) from 07.10.1989, with all consequential monetary and attendant benefits, including promotion.

For Petitioner(s): Mr.S.N.Ravichandran For Respondent(s): Mrs.S.Mythreye Chandru Spl. GP.

ORDER

Aggrieved by the rejection of his claim for appointment as Junior Assistant with retrospective effect from the date of his initial appointment, i.e., 07.10.1989, along with all consequential monetary and attendant benefits, including promotion, the petitioner is before this Court.

2. The petitioner would submit that he had submitted an application seeking appointment on compassionate grounds to the post of Junior Assistant, following the demise of his father. The petitioner possessed the requisite qualifications and was eligible to hold the post of Junior Assistant. However, due to the non-availability of vacancies in the post of Junior Assistant, the petitioner was appointed as a Record Clerk by proceedings of the 6th respondent dated 03.10.1989 and was posted at the Government Higher Secondary School, Meensuruti where he had joined the duty on 07.10.1989.

3. Thereafter, on 04.03.1991, the petitioner had submitted a representation to the 6th respondent, seeking appointment as Junior Assistant from the date of his initial appointment, in terms of G.O. Ms.No. 1499, Labour and Employment Department, dated 03.08.1989. However, as no action was taken on the said representation, the petitioner had filed O.A. No. 553 of 1999 before the Tamil Nadu State Administrative Tribunal. By order dated 05.02.1999, the Tribunal had disposed of the petitioner’s application directing the respondents therein to consider the petitioner’s claim for retrospective appointment as Junior Assistant, subject to availability of vacancy.

4. Thereafter, the petitioner had submitted a representation dated

30.03.1999 to the Chief Educational Officer, Perambalur, seeking retrospective appointment. The Chief Educational Officer, by proceedings dated 07.04.1999, directed the District Educational Officer, Udayarpalayam, to take appropriate action in compliance with the Tribunal’s order. Subsequently, the District Educational Officer, Udayarpalayam had promoted the petitioner as Junior Assistant on 25.06.2002 by way of regular promotion. However, the petitioner was not granted retrospective appointment from the date of his initial appointment.

5. The petitioner would submit that a similarly placed person, namely, Mr. Sathyanarayanan had filed W.P. No. 3480 of 2013 seeking retrospective appointment as Junior Assistant from the date of initial appointment. By order dated 23.06.2014, this Court had directed the Government to consider his claim, and consequently, by G.O. Ms. No. 221, School Education Department, dated 02.06.2016, he was granted retrospective appointment. Likewise, one Mr.Pachaiyappan had filed W.P. No. 31339 of 2007, which was allowed by this Court by taking into consideration G.O. Ms. No. 1499 dated 03.08.1989. I