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WP No. 11133 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2026

CORAM THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 11133 of 2026 C.Jothi

..Petitioner(s)

Vs

1. The Secretary to the Government School Education Department,

Fort St. George, Chennai-600 009

2. The Director of School Education, College Road,

Nungambakkam, Chennai-600 006

3. The District Educational Officer(Primary)

Myladuthurai, Myladuthurai District.

4. The Block Educational Officer Sembanar Koil,

Myladuthurai District.

5. The Secretary, Sivan Aided Elementary School,

Mamakudi, Tharangambadi Taluk, Myladuthurai District.

6. The Accountant General (A and E)

office of the Accountant General, No.361, Annasalai,

Chennai-600 018

..Respondent(s)

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Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus, directing the respondents to disburse the pension and other benefits including arrears by calculating the entire service period rendered by the petitioner from the date of petitioner’s initial appointment i.e. from 07.12.1998 by implementing the order of this Court in W.P.No.9555 of 2019 by following the recommendation made by

the 4^th respondent dated 25.10.2023.

For Petitioner(s): Mr.V.Kasinatha Bharathi

For Respondent(s): Mrs. Mythreye Chandru Special Government Pleader For Mr. A.N.R.Jaya Prathap

Standing Counsel (R1 to R4)

Mr. A.N.R.Jaya Prathap Standing Counsel (R6)

ORDER

This writ petition is filed for the following relief:

“To direct the respondents to disburse the pension and

other benefits including arrears by calculating the entire service period rendered by the petitioner from the date of petitioner’s initial appointment i.e. from 07.12.1998 by implementing the order of this Court in W.P.No.9555 of

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2019 by following the recommendation made by the 4^th

respondent dated 25.10.2023.

2. The petitioner completed Bachelor’s Degree in English Literature

and also completed Bachelor of Education, at the time the 5^th respondent School calling for an interview for the post of the Secondary Grade Teacher. The petitioner participated the interview and successfully appointed as a Secondary Grade Teacher on 07.12.1998, in the 5th respondent School. The petitioner would submit that the appointment of B.T. Assistant, in the place of Secondary Grade Teacher was not approved by the Government, even though some of the similarly placed candidates were issued approval in G.O.Ms.No.150 by the School Education Department, dated 02.07.2007 and subsequent Government Order also

issued to similarly placed candidates.

3. The petitioner and other similarly placed persons filed writ

petitions in W.P.No.9555 of 2019 and etc., batch and this Court clearly and categorically stated that the benefit of G.O.No.34, School Education Department, dated 15.02.2017, should be extended by counting the petitioners past service for the purpose of pensionary benefits. Against the

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WP No. 11133 of 2026

said order, the respondent department filed writ appeal in W.A.Nos.1573 of 2021 and etc., batch which was also decided in favour of the petitioner

by confirming the order of the learned Sing Judge.

4. Thereafter, the School Education Department issued Government

Order in G.O.(2D)No.71 dated 27.06.2023 approving the petitioner and similarly placed candidates to continue in the old pension scheme from the date of their initial appointments. Based on the same, the District Elementary Education Officer, Myladuthurai, issued Approval Order approving the petitioner and the similarly placed candidates to count the past service from their date of initial appointments. The Block Education Officer, Sembanar Koil, forwarded a letter to the 6^th respond