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2026 DAILYLAW 51807 (MAD)

R.Mallika v. The Principal Secretary to Government

WP(MD)/16384/2026 · 2026-07-14

Mummineni Sudheer Kumar

Transfer Petitionbody2026

Judgment text

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W.P(MD) No.16384 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.07.2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P(MD) No.16384 of 2026 R.Mallika ... Petitioner Vs. 1.The Principal Secretary to Government, Department of School Education, Fort St. George, Chennai - 9. 2.The Director of School Education, O/o. the Director of School Education, DPI Campus, College Road, Chennai - 6. 3.The Joint Director of School Education (Higher Secondary), O/o.The Joint Director of School Education, DPI Campus, College Road, Chennai - 6. 1/7 https://www.mhc.tn.gov.in/judis W.P(MD) No.16384 of 2026 4.The Principal Accountant General ( A and E), O/o. the Principal Accountant General (A and E), 361, Anna Salai, Chennai - 600 018. 5.The Chief Educational Officer, O/o. the Chief Educational Officer, Thanjavur District. 6.The Secretary, Sri KGS Higher Secondary School, Aduthurai, Thiruvidaimaruthur Taluk, Thanjavur District - 612 101. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS directing the Respondents to include the 50% of the service rendered by the petitioner in the Post of Part Time Vocational Instructor (Computer Science) consolidated pay from 01.02.1990 to 05.11.1996 along with regular service for the purpose of calculation of qualifying service for 2/7 https://www.mhc.tn.gov.in/judis W.P(MD) No.16384 of 2026 pension and disburse the monetary benefits along with arrears and other consequential benefits within the time period stipulated by this Court. For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.C.Jeganathan - for R1 to R3 & R5 Counsel for the State of Tamil Nadu M/s.Chamundi Bose – for R4 ORDER This writ petition has been filed seeking writ of Mandamus directing the Respondents to include the 50% of the service rendered by the petitioner in the Post of Part Time Vocational Instructor (Computer Science) consolidated pay from 01.02.1990 to 05.11.1996 along with regular service for the purpose of calculation of qualifying service for pension and disburse the monetary benefits along with arrears and other consequential benefits 2. The petitioner herein, who was initially appointed as Part Time Vocational Instructor (Computer Science) on 01.02.1990 and after 3/7 https://www.mhc.tn.gov.in/judis W.P(MD) No.16384 of 2026 serving for more than 6 years, he was regularised in the said post as Vocational Instructor Grade I (Computer Science) on 06.11.1996 at 6th respondent school and retired from service on attaining the age of superannuation on 31.07.2024. It was thereafter, the petitioner, in the light of orders issued by the Government in G.O.(Ms)No.408 Finance (Pension Department) dated 25.08.2009, made a claim for counting 50% of the service rendered by him as Part Time Vocational Instructor from 01.02.1990 to 05.11.1996 for the purpose of pension, in the light of Rule 11(4) of Tamil Nadu Pension Rules, 1980 and also by placing reliance on various orders passed by this Court and the orders issued by the Government in G.O.(2D) No.25 dated 01.03.2023, (page 22) the petitioner claims to have submitted a representation dated 06.06.2026 to the respondents. As the respondents have not taken any action on the said representation, the petitioner has approached this Court by filing the present writ petition seeking a writ of Mandamus. 3. Mr.C.Jeganathan, learned Counsel for State of Tamil Nadu appearing for the respondents 1 to 3 & 5, on instructions, submits 4/7 https://www.mhc.tn.gov.in/judis W.P(MD) No.16384 of 2026 that similarly situated persons are extended the benefits, accordingly, orders were issued by the Government in G.O.(2D) No.25 dated 01.03.2023 and further submits that the representation submitted by the petitioner would be considered by the respondents duly taking into consideration the orders issued in G.O.(2D) No.25 dated 01.03.2023 and as well as various orders passed by this Court from time to time. 4. In the light of the above, without going into merits of the matter, this writ petition is disposed of directing the first respondent to consider the representation dated 06.06.2026 submitted by the petitioner duly taken into consideration the orders issued by the Government in G.O.(2D) No.25 dated 01.03.2023, as expeditiously as possible, at any rate within a period of two months from the rate of receipt of a copy of this order. No costs. 14.07.2026 Index : Yes / No NCC : Yes / No rm 5/7 https://www.mhc.tn.gov.in/judis W.P(MD) No.16384 of 2026 To 1.The Principal Secretary to Government, Department of School Education, Fort St. George, Chennai - 9. 2.The Director of School Education, O/o. the Director of School Education, DPI Campus, College Road, Chennai - 6. 3.The Joint Director of School Education (Higher Secondary), O/o.The Joint Director of School Education, DPI Campus, College Road, Chennai - 6. 4.The Principal Accountant General ( A and E), O/o. the Principal Accountant General (A and E), 361, Anna Salai, Chennai - 600 018. 5.The Chief Educational Officer, O/o. the Chief Educational Officer, Thanjavur District. 6.The Secretary, Sri KGS Higher Secondary School, Aduthurai, Thiruvidaimaruthur Taluk, Thanjavur District - 612 101. 6/7 https://www.mhc.tn.gov.in/judis W.P(MD) No.16384 of 2026 MUMMINENI SUDHEER KUMAR , J. RM W.P(MD) No.16384 of 2026 14.07.2026 7/7 https://www.mhc.tn.gov.in/judis