W.P.(MD) No.16604 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 08.08.2025 Pronounced On : 19.09.2025 CORAM: THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE W.P. (MD) No.16604 of 2018 A.Palanivelchamy S/o Arumuga Asari No. 13-2-25 Thirukuraliakam Pillaiayar Kovil Street Poolankudiyiruppu Village Puliayarai Post, Sengottai Taluk Tirunelveli District. ... Petitioner Vs. 1.State of Tamil Nadu Rep. by its Secretary to Government Education Department Fort.St.George Chennai- 600 009. 2.The Director of School Education Chennai 600 006. 3.The Chief Educational Officer Tirunelveli Tirunelveli District. ... Respondents PRAYER : To issue a Writ of Certiorarified Mandamus or any other Writ or order of similar nature calling for the records relating to the proceedings in Na.Ka.No.5159/m5/2013 dated 25.05.2018 passed by the third 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16604 of 2018 respondent and quash the same thereby consequently direct the third respondent to refix the scale of pay at par with the Junior K.Kanthimathinathan to the Petitioner along with interest and pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render Justice. APPEARANCE OF PARTIES: For Petitioner : Mr. A.R.Nixon, Advocate For Respondents : Mr.J.Ashok, Additional Government Pleader J U D G M E N T Heard. 2. At the time of filing the writ petition, the Petitioner was already 82 years old and is now likely about 90 years of age. This is the second round of litigation initiated by him. His earlier writ petition, W.P.(MD) No. 6869 of 2013, was disposed of with a direction to the respondents to consider his representation. Pursuant to that order, the 3rd Respondent issued the impugned order dated 25.05.2018. In the operative portion of that order, the request was rejected for the following reason: “10# tpfpjhr;rhu mog;gilapy; 01/01/1971 Kjy; nju;t[epiy bgw;Ws;s Mrpupau; jpU/nf/fhe;jpkjpehjd; vd;ghUf;fpizahf kDjhuUf;F 01/01/1971 Kjy; Cjpak; kWepu;zak; bra;a tpjpfspy; 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16604 of 2018 ,lkpy;iy vd bjuptpj;J kDjhuupd; 20/12/2011 ehspl;l kDtpd; ” kPJs;s nfhupf;ifapid epuhfupj;J ,jd; K:yk; Miz tH';fp ePjpkd;wj; jPu;g;ghiz bray;gLj;jg;gLfpwJ/” 3. When the writ petition was listed on 27.07.2018, notice of motion was ordered. Pursuant to the notice, the 3rd Respondent filed a counter affidavit dated 11.01.2019. In paragraph 7 of the affidavit, the Respondents highlighted why the Petitioner’s case is not comparable to that of one Kanthimathinathan. The relevant portion of the said paragraph is reproduced below: “7. Regarding the averments made in para 6 to 9 of the affidavit, it is submitted that the petitioner was employed in Kerala State on 13.08.1956 and due to reorganization of States the present Kanyakumari District and Shencottai Taluk were transferred areas from Kerala State to Tamil Nadu State with effect from 01.11.1956. Thus the petitioner was also brought under the administrative Control of the Education Department of Tamil Nadu. Where as Thiru. K.Kanthimathinathan was employed in a different unit by the Commissioner of Panchayat Union of Vilathikulam Union. While Thiru. K.Kanthimathinathan was serving under the Commissioner of Panchayat Union of Vilathikulam 10-percent of senior secondary grade teachers out of all secondary grade teachers working under Panchayat Union schools including Thiru.K.Kanthimathinathan were awarded Selection grade with effect from 01.01.1971 as per G.O.Ms.No.1268 Education dated 23.07.1971. Thiru.K.Kanthimathinathan was absorbed into Government high school service from 17.06.1974 in 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16604 of 2018 Government High School at Padarnthapuli. Therefore the petitioner herein who was appointed in Kerala State and transferred to Tamil Nadu state from 01.11.1956 could not compare his pay with the above said Thiru.K.Kanthimathinathan and he is not eligible to claim to raise his pay from 01.01.1971 on par with Thiru.K.Kanthimathinathan. But with wrong intention to gain wrong pay on par with Thiru.K.Kanthimathinathan drew a comparative statement and submitted it along with his petition dated 10.01.2011 to the third respondent and requested to raise his pay from 01.01.1971 on par with Thiru.K.Kanthimathinathan, 18-years later after his retirement on 30.09.1993. The illegal claim by comparing the pay of a teacher who was employed in a different unit was duly rejected by the third respondent herein in his proceedings O.Mu.No. 11049-A5/2010, dated 11.07.2011.” 4. There is no ground to reject the stand taken by the Respondents. In any event, the Petitioner is guilty of delay and laches. His first writ petition was filed only in the year 2013, long after his retirement. By merely seeking a direction to dispose of his representation, the Petitioner cannot revive a cause of action that had already become stale. The Supreme Court, in C. Jacob v. Director of Geology and Mining, reported in (2008) 10 SCC 115, has held as follows: “7. Every representation to the government for relief, may not be replied on merits. Representations relating to matters which have become stale or barred by limitation, can 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16604 of 2018 be rejected on that ground alone, without examining the merits of the claim. In regard to representations unrelated to the department, the reply may be only to inform that the matter did not concern the department or to inform the appropriate department. Representations with incomplete particulars may be replied by seeking relevant particulars. The replies to such representations, cannot furnish a fresh cause of action or revive a stale or dead claim.” 5. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. 19.09.2025 Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation : Yes / No LS/ay Copy to: 1.State of Tamil Nadu Rep. by its Secretary to Government Education Department Fort.St.George Chennai- 600 009. 2.The Director of School Education Chennai 600 006. 3.The Chief Educational Officer Tirunelveli Tirunelveli District. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.16604 of 2018 DR. A.D. MARIA CLETE, J. LS Pre-delivery Judgment made in W.P. (MD) No.16604 of 2018 19.09.2025 6/6 https://www.mhc.tn.gov.in/judis