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2026 DAILYLAW 5541 (MAD)

C.JOTHI v. The Secretary to the Government

WP/11133/2026 · 2026-03-24

P T Asha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 11133 of 2026 __________ Page1 of 7 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) https://www.mhc.tn.gov.in/judis WP No. 11133 of 2026 __________ Page2 of 7 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 4th 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 https://www.mhc.tn.gov.in/judis WP No. 11133 of 2026 __________ Page3 of 7 2019 by following the recommendation made by the 4th 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 5th 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 https://www.mhc.tn.gov.in/judis WP No. 11133 of 2026 __________ Page4 of 7 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 6th respondent / Accountant General, to calculate the service of the petitioner from his initial date of appointment i.e. from 07.12.1998. The 6th respondent returned the pension proposal of the petitioner, seeking clarification. Therefore, the petitioner is before this Court. 5. The petitioner’s request has been kept pending despite orders of this Court on account of the clarifications that have been sought by the 6th respondent from the 3rd respondent. https://www.mhc.tn.gov.in/judis WP No. 11133 of 2026 __________ Page5 of 7 6. Mrs. Mythreye Chandru, learned Special Government Pleader, appearing for respondents 1 to 4 would submit that clarifications would be provided within a period of 2 weeks from the date of receipt of a copy of this order and within a period of 4 weeks therefrom, the 6th respondent shall issue order for disbursing the payment to the petitioner. 7. Recording the submission made by the learned Special Government Pleader, this writ petition is disposed of. The 3rd respondent is directed to provide clarification within a period of 2 weeks from the date of receipt of a copy of this order and within a period of 4 weeks therefrom, the 6th respondent shall issue order for disbursing the payment to the petitioner. No costs. 24-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN https://www.mhc.tn.gov.in/judis WP No. 11133 of 2026 __________ Page6 of 7 To 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 https://www.mhc.tn.gov.in/judis WP No. 11133 of 2026 __________ Page7 of 7 P.T.ASHA, J. KAN WP No. 11133 of 2026 24-03-2026 https://www.mhc.tn.gov.in/judis