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Madras High CourtWP/13799/2011dismissed

Mrs.Felicia Daniel, M.A. B.Ed. v. The Chief Educational Officer,

2026-03-25Honourable Mr.Justice T. Vinod Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HONOURABLE MR.JUSTICE T. VINOD KUMAR Mrs.Felicia Daniel, M.A. B.Ed.

B.T.Assistant, Govt. Hr. Secondary School, Minnal, Vellore, Residential Address: No.09, Ponnusamy Street, Ayanavaram, Chennai-23.

Petitioner Vs

1. The Chief Educational Officer, C.E.O. Office, Vellore, Vellore District.

2.The Headmistress, Govt. Higher Secondary School, Minnal, Vellore District.

3.The Accountant General (A and E) Teynampet, Chennai 600 018.

4.The Secretary to Government, School Education Department, Chennai 9.

R3 and R4 are impleaded as per order dated 27.02.2014 in MP.No.1/2014 in WP No.13799 of 2011.

Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Certiorarified Mandamus, calling for the concerned records from the 1st Respondent, quash the order of the 1st respondent Na.Ka.No.5560/A3/2011, dated 22.03.2011 and the order of the 2nd respondent Na.Ka.No.79/2010-11 dated 21.04.2011, consequently direct the respondents to forward the pension papers of the petitioner to the Accounts General Office with

an inclusion of the past service of the petitioner which she has rendered in the Government recognized unaided school for the purpose of pension. For Petitioner:

Mr.K.Arumugam for Mr.G.Elanchezhyan For Respondents:

Mrs.P.Rja Rajeswari, Government Advocate for R1 R2 and R4 No appearance for R3

ORDER

Heard the learned counsel for the petitioner and learned Government Advocate appearing for the Respondents 1, 2 and 4 and perused the records.

2. The petitioner by the present writ petition, has assailed the action of the 1st and 2nd respondents in rejecting the representation of the petitioner for grant of pensionary benefits by considering her service as teacher in the Government recognized unaided school.

3. When the writ petition is taken up today, the learned counsel for the petitioner fairly submitted that the issue involved in the present writ petition is covered against the petitioner by a decision of the Division Bench of this Court, dated 05.07.2018 in W.A.No.1267 of 2014 and batch, wherein the Division Bench following the decision rendered by another Division Bench of this Court in S. Devakadaksham Vs. The District Educational Officer, Villupuram, and Others reported in 2006 (4) MLJ 1580, had set aside the order in W.P.No.26885

of 2013 and order in W.P.No.7627 of 2006 directing the conferment of the benefit of grant of pension to the petitioners therein.

4. Since the aforesaid Judgment of the Division Bench of this Court binds this Court and it is not shown that the view taken in the aforesaid decision having been overruled either by full bench of this Court or Hon'ble Apex Court, this Court is of the view that the aforesaid decision covers the case of the petitioner.

5. Accordingly, the writ petition fails and is dismissed. No costs. 25-03-2026 vum Index:Yes/No Speaking/Non-speaking order To 1.The Chief Educational Officer, C.E.O. Office, Vellore, Vellore District.

2.The Headmistress, Govt. Higher Secondary School, Minnal, Vellore District.

3.The Accountant General (A and E) Teynampet, Chennai 600 018 4.The Secretary to Government, School Education Department, Chennai 9.

T.VINOD KUMAR J.

vum 25-03-2026