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2026 Supreme(Online)(Mad) 99970
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 1734 of 2024 CNR: {HCMA010327262024}
1. The Government Of Tamilnadu Rep. By Secretary To The Government, School Education Department, Fort St.
George, Chennai-9
2. The Director Of Elementary Education, College Road, Chennai-6
3. The District Elementary Educational Officer, Erode District, Erode
4. The Assistant Elementary Educational Officer, Chennimalai Panchayat Union, Chennimalai Erode District ..Appellant(s)
Vs R.Subramaniam Primary School Headmaster (Retd) 12/2, Pandian Veedhi II, Kangeyam Road, Chennimalai 638 051, Erode District ..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 02.08.2023 in WP.No.15159/2014 and allow the above WA and thus render justice For Appellant(s): Ms.Y.Kavitha, Additional Government Pleader For Respondent(s): Mr.R.Saseetharan
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The present writ appeal has been instituted challenging the common order dated 02.08.2023 passed in a batch of writ petitions in WP.No.15159 of 2014 and batch.
2. The Writ Court considered the claim of the respondent therein and held the order passed by the Director of Elementary Education, Chennai, disentitling them to avail the benefits granted by the Government in G.O.Ms.No.207, School Education Department, dated 30.09.2008 as unsustainable.
3. Mrs.Y. Kavitha, learned Additional Government Pleader appearing on behalf of the appellant State would submit that the Writ Court has not considered the fact that few employees are not eligible to avail the benefits in view of the fact that they have already availed the benefits by virtue of other Government Orders.
4. Double monetary benefits are impermissible and therefore, the order, if implemented, would result in financial loss to the State Exchequer. Further, there is a possibility of availing double benefits by few employees.
5. The doubt arose in the mind of the State in this regard in view of the fact that the learned Single Judge has set aside the order passed by the Director of Elementary Education and thereafter, directed the Director of Elementary Education to consider the claim of the petitioners in light of G.O.Ms.No.207, School Education, dated 30.09.2008 as aforesaid. After setting aside the order of rejection passed by the Director of Elementary Education, the Writ Court directed the Authorities to consider the case of the employees in the light of the Government Order aforementioned.
6. The spirit of the order would go to say that the Government Orders are to be implemented and the benefits are to be extended as per the terms stipulated in the Government Order. The Writ Court has not expressly stated that all the employees are eligible to seek monetary benefits, if they have already availed the benefits under other Government Orders. That was not the order passed by the Writ Court.
7. The Writ Court, in clear terms, directed the Director of Elementary Education to consider the claim of the respondent in light of the Government Order in G.O.Ms.No.207, School Education, dated 30.09.2008. Therefore, the Department has to ascertain the eligibility of the individual employees, whether those employees have already received the benefits or not and accordingly grant the benefits and by following due process.
8. The opinion of the Writ Court expressed is to grant benefits to the employees in accordance with the Government Order, issued in G.O.Ms.No.207 dated 30.09.2008 referred in the Writ order. More so, the Writ Court has issued directions to consider the case of all the employees. Therefore, the Authorities are empowered to scrutinize the eligibility and take a decision on merits and in accordance with law.
9. This being the scope of the Writ order, we do not find any reason to overturn the Writ order impugned. With the above clarifications, the present writ appeal is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions, if any, is closed.
