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2026 Supreme(Online)(Mad) 38531
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Chief Educational Officer, Tenkasi – Appellant
Versus
S.Chidambaranathan – Respondent
W.A(MD)No.590 of 2026|C.M.P(MD)No.5606 of 2026|W.P(MD)No.17609 of 2025
For the Appellants: Mr.J.Ashok Additional Government Pleader
For the Respondents: Mr.S.Chellapandian (R1), Ms.S.Mahalakshmi (R2), Standing Counsel
Past service of Graduate Teachers appointed as Secondary Grade Teachers, post-training under G.O., counts for pension.
Headnote:The case involves G.O.Ms.No.155, Education Department, dated 03.10.2002, requiring Graduate Teachers appointed as Secondary Grade Teachers to complete a one-month Child Psychology course for approval. Petitioner, appointed in 1995 due to lack of eligible candidates, completed training and sought past service counting for pensionary benefits. Court noted prior Division Bench rulings directing past service calculation for pension. Issues framed around approval of appointments under G.O.Ms.No.155 and entitlement to past service for pension. Ratio: Following precedents in 2002 (2) LW 591 and W.A.(MD) No.1464 of 2021, past service of Graduate Teachers promoted to Secondary Grade post-training must be counted for pension. Writ Appeal dismissed, upholding Single Judge order for counting past service.
| Table of Content |
|---|
| 1. background of writ appeal and teacher appointment facts (Para 1 , 2 , 3) |
| 2. reliance on precedents for past service (Para 4 , 5) |
| 3. dismissal upholding pension counting (Para 6) |
[Judgment of the Court was made by N.SATHISH KUMAR, J.]
Challenging the order of the learned Single Judge dated
14.10.2025 passed in W.P(MD)No.17609 of 2025, the present Writ Appeal has been filed.
2.Heard the learned Additional Government Pleader appearing for the appellants; the learned counsel appearing for the first respondent and the learned standing counsel appearing for the second respondent.
3.The Writ Petition has been filed by the first respondent stating that the petitioner was a Graduate Teacher with qualification of B.A, B.Ed. At that time, the qualification for Secondary Grade Teacher is passing of Diploma in Teacher Education. Since no eligible candidates were available to be appointed as Secondary Grade Teacher, the petitioner was appointed as Secondary Grade Teacher in the third respondent school on 21.09.1995. Belatedly, pursuant to G.O.Ms.No.155, Education Department, dated 03.10.2002, the Graduate Teacher appointed to the post of Secondary Grade Teacher should possess one month Child Pshychology course and after such training only, the appointment would be approved. Accordingly, he has undergone such training and his appointment was approved on 31.05.2003. Therefore, he sought a direction to count his past service for the pensionary benefits.
4.The learned Single Judge ordered the writ petition, taking note of the judgment of the Division Bench in this regard, namely, State of Tamil Nadu, rep. by its Secretary and others vs, Pallivasal Primary School, rep.
by its Correspondent reported in 2002 (2) LW 591
5.It is relevant to note that the said judgment has reached finality and in the said judgment, the issue was clearly held that the past service shall be calculated for the pension. Later, another Division Bench, in W.A.(MD) No.1464 of 2021, vide order dated 28.07.2021 in the case of District Elementary Educational Officer, Tirunelveli and others vs, M.S.Shanthi and others has also followed the Pallivasal Primary School’s case.
6. In such view of the matter, as the past service is ordered to be counted for pension, we do not find any infirmity in the order of the learned Single Judge. Hence, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
