BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and WMP.(MD)Nos.594 of 2026 & 23942 of 2023 WP.(MD)No.731 of 2026 O.Selvam ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by Secretary to Government, School Education Department, Fort.St.George, Chennai-600 009.

2.The Director of School Education, O/o.The Director of School Education, DPI Campus, College Road, Chennai.

3.The Joint Director of School Education (Personnel), O/o the Joint Director of School Education, DPI Campus, College Road, Chennai.

4.The Chief Educational Officer, Madurai, Madurai District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to disburse the retirement and pensionary benefits of the petitioner with effect from the date of his retirement ie., from 28.02.2025 along with an accrued interest thereof in pursuant to the order passed by the fourth respondent in Na.Ka.No.10064/A1/2022 dated 28.02.2025 within the period that may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates.

For Respondents : Mr.M.Sarangan, Additional Government Pleader.

WP.(MD)No.27849 of 2023 O.Selvam ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by Secretary to Government, School Education Department, Fort.St.George, Chennai-600 009.

2.The Director of School Education, O/o.The Director of School Education, DPI Campus, College Road, Chennai.

3.The Joint Director of School Education (Personnel), O/o the Joint Director of School Education, DPI Campus, College Road, Chennai.

4.The Chief Educational Officer, Madurai, Madurai District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to treat the period of unemployment of service from 05.03.2022 to 07.11.2022 as spent on duty with all monetary benefits and all other attendant benefits with view of the order passed by the Division Bench of this Court in WA.(MD)No.254 of 2022 dated

25.03.2022 within the period that may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates.

For Respondents : Mr.M.Sarangan, Additional Government Pleader.

COMMON ORDER

The petitioner is a retired Deputy Inspector of Schools. He retired on 28.02.2025 on attaining superannuation. While he was working as Deputy Inspector of Schools, he was transferred and posted as BT Assistant in the third respondent School, on 06.01.2022. This order of transfer has been challenged by way of a writ petition before this Court in WP.(MD)No.429 of 2022 and this Court granted an order of interim stay, however, subsequently, the said writ petition has been dismissed, on 04.03.2022. Against which, the petitioner has preferred a writ appeal in WA.(MD)No.254 of 2022 and the same was allowed, by a judgment dated 25.03.2022. A Special Leave Petition was preferred by the Department before the Hon'ble Supreme Court and the same was also dismissed. In these circumstances, the petitioner herein has filed a writ petition in WP.(MD)No.27849 of 2023 seeking a direction to treat his unemployment period, ie., from 05.03.2022 to 07.11.2022 as spent on duty with all monetary benefits and all other attendant benefits in view of the order passed by the Division Bench of this Court in WA.(MD)No.254 of 2022 dated 25.03.2022.

2.The respondents claim that the request of the petitioner for treating the period of unemployment ie., from 05.03.2022 to 07.11.2022 has been considered by the Chief Educational Officer, Madurai, pursuant to the directions of the Joint Director of School Education and it has been adjusted from earned leave and unearned leave, vide proceedings in Na.Ka.No.10064/A1/2022, dated 05.02.2026.

3.Pending writ petition in WP.(MD)No.27849 of 2023, the petitioner has also filed another writ petition in WP.(MD)No.731 of 2026 seeking anothe