Madras High CourtWP/8033/2020dismissed

R.Delma Arul Selvi v. The State Of Tamil Nadu

2020-06-12Honourable Mr Justice R. Subramanian10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2020

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.P.Nos.8033, 8036, 8035, 8041, 8042, 8038, 8037, 8043, 8039, 8158, 8178, 8183, 8187, 8210, 8216, 8218, 8223, 8231, 8238, 8245, 8250, 8255, 8258, 8259, 8264 and 8268 of 2020 and connected Miscellaneous Petitions 1 R.DELMA ARUL SELVI ... PETITIONER in WP No.8033 of 2020 1 G.NEELA ... PETITIONER in WP No.8036 of 2020 1 M.SINGARAVELAN ... PETITIONER in WP No.8035 of 2020 1 R.KAMARAJ ... PETITIONER in WP No.8041 of 2020 1 A.NEDUNCHEZHIAN ... PETITIONER in WP No.8042 of 2020 1 K.KALIAVANAN ... PETITIONER in WP No.8038 of 2020 1 R.KALAISELVI ... PETITIONER in WP No.8037 of 2020 1 N.A.MALIKA MEHRUN ... PETITIONER in WP No.8043 of 2020 1 R.RAJA SUNDARI ... PETITIONER in WP No.8039 of 2020 1 N.MANGALAM ... PETITIONER in WP No.8158 of 2020 1 D.JOTHI ERAKKINI ISABELLA ... PETITIONER in WP No.8178 of 2020 1 G.

AZEEZU NISSA BEGUM ... PETITIONER in WP No.8183 of 2020 1 P.DHARMALINGAM ... PETITIONER in WP No.8187 of 2020 1 K.SAMUNDIAN ... PETITIONER in WP No.8210 of 2020 1 A. PREMKUMAR ... PETITIONER in WP No.8216 of 2020 1 T.THAMILSELVAN ... PETITIONER in WP No.8218 of 2020 1 R.RAJESWARI ... PETITIONER in WP No.

1 A.VELU ... PETITIONER in WP No.8231 of 2020 1 R.NEDUMARAN ... PETITIONER in WP No.8238 of 2020 1 N.ARI ... PETITIONER in WP No.8245 of 2020 1 C.MANJULA ... PETITIONER in WP No.8250 of 2020 1 RANI ... PETITIONER in WP No.8255 of 2020 1 A.MAHESWARI ... PETITIONER in WP No.8258 of 2020 1 K.ANANDAN ... PETITIONER in WP No.8259 of 2020 1 A.SIVAGAMI ... PETITIONER in WP No.8264 of 2020 1 K.SOLOMAN ... PETITIONER in WP No.8268 of 2020 Vs.

1 THE STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI -9.

2 THE STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI -9.

3 THE COMMISSIONER OF SCHOOL EDUCATION O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 4 THE DIRECTOR OF SCHOOL EDUCATION O/O. THE SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI- 6 ..Respondents 1 to 4 in all W.Ps THE CHIEF EDUCATIONAL OFFICER SALEM SALEM DISTRICT ..5th Respondent in W.P. 8036/2020 THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE THIRUVARUR THIRUVARUR DISTRICT.

..5th Respondent in W.P.No.8035/2020

THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE SALEM SALEM DISTRICT ..5th Respondent in W.P.No.8041/2020 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE THIRUVARUR DISTRICT. ..5th Respondent in W.P.No.8042/2020 THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE THIRUVARUR THIRUVARUR DISTRICT ..5th Respondent in W.P.No.8038/2020 THE CHIEF EDUCATIONAL OFFICER O/O.THE CHIEF EDUCATIONAL OFFICE TIRUPATUR DISTRICT.

..5th Respondent in W.P.No.8037/2020 THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE COIMABATORE COIMABATORE DISTRICT.

..5th Respondent in W.P.No.8043/2020 THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE CUDDALORE CUDDALORE DISTRICT.

..5th Respondent in W.P.No.8039/2020 THE CHIEF EDUCATIONAL OFFICER O/O.THE CHIEF EDUCATIONAL OFFICE ERODE ERODE DISTRICT. ..5th Respondent in W.P.No.8158/2020 THE DISTRICT EDUCATIONAL OFFICER O/O THE DISTRICT EDUCATIONAL OFFICER CHENGALPET. ..5th Respondent in W.P.No.8178/2020 THE BLOCK EDUCATIONAL OFFICER O/O. THE BLOCK EDUCATIONAL OFFICER ST.THOMAS MOUNT AND CHITLAPAKKAM CHENGALPET. ..6th Respondent in W.P.No.8178/2020 THE CORRESPONDENT PENTECOSAL ASSEMBLY MISSION AIDED MIDDLE SCHOOL PALLAVARAM CHENNAI-600 043.

..7th Respondent in W.P.No.8178/2020

THE DISTRICT EDUCATIONAL OFFICER O/O THE DISTRICT EDUCATIONAL OFFICE MAYILADUDURAI DISTRICT ..5th Respondent in W.P.No.8183/2020 THE CHIEF EDUCATIONAL OFFICER SALEM, SALEM DISTRICT ..5th Respondent in W.P.No.8187/2020 THE CHIEF EDUCATIONAL OFFICER ARIYALUR DISTRICT ..5th Respondent in W.P.No.8210/2020 THE CHIEF EDUCATIONAL OFFICER PERAMBALUR PERAMBALUR DISTRICT ..5th Respondent in W.P.No.8216/2020 THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE PERAMBALUR PERAMBALUR DISTRICT ..5th Respondent in W.P.No.8218/2020 THE BLOCK EDUCATIONAL OFFICER O/O. THE BLOCK EDUCATIONAL OFFICE ERODE ERODE DISTRICT ..5th Respondent in W.P.No.8223/2020 THE CHIEF EDUCATIONAL OFFICER VELLORE VELLORE DISTRICT ..5th Respondent in W.P.No.8231/2020 THE CHIEF EDUCATIONAL OFFICER CHENNAI ..5th Respondent in W.P.No.8238/2020 THE CORRESPONDENT THE CHINDADRIPET HIGHER SECONDARY SCHOOL CHINDADRIPET, CHENNAI 2 ..6th Respondent in W.P.No.8238/2020 THE CHIEF EDUCATIONAL OFFICER NILAGIRI DISTRICT.

..5th Respondent in W.P.No.8245/2020 THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE VELLORE VELLORE DISTRICT ..5th Respondent in W.P.No.8250/2020

THE DISTRICT EDUCATIONAL OFFICER O/O THE DISTRICT EDUCATIONAL OFFICE ARIYALUR DISTRICT ..5th Respondent in W.P.No.8255/2020 THE CHIEF EDUCATIONAL OFFICER COIMABATORE DISTRICT ..5th Respondent in W.P.No.8258/2020 THE DISTRICT ADI DRAVIDAR WELFARE OFFICER O/O. THE DISTRICT ADI DRAVIDAR WELFARE OFFICE COLLECTORATE, NAGAPATTINAM NAGAPATTINAM DISTRICT ..5th Respondent in W.P.No.8259/2020 THE CHIEF EDUCATIONAL OFFICER VELLORE DISTRICT ..5th Respondent in W.P.No.8264/2020 THE CHIEF EDUCATIONAL OFFICER CHENNAI ..5th Respondent in W.P.No.8268/2020 THE CORRESPONDENT KUMARA RAJA MUTHIAH HIGHER SECONDARY SCHOOL ADAYAR CHENNAI.

6th Respondent in W.P.No.8268/2020 Prayer in all W.P.Nos.8033, 8036, 8035, 8041, 8042, 8038,8037, 8043, 8039, 8158, 8178, 8183, 8187, 8210,8216, 8218, 8223, 8231, 8238, 8245, 8250,8255, 8258, 8259, 8264 and 8268 of 2020: Writ Petitions filed under Article 226 of the Constitution of India praying for Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department, dated 07.05.2020 in so far as it restricts to those who are in regular service as on date and due to retire on superannuation from 31.05.2020 and consequential impugned order passed by the 1st respondent in his proceedings in Letter No.11308/S/2020-1 dated 14.05.

2020 and quash the same as illegal and consequently to direct the respondents to extend the retirement age of the petitioner from 58 years to 59 years in terms of the G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department, dated 07.05.2020. For Petitioner : Mr. C.Venkatesh Kumar for M/s. Ajmal Associates For Respondents: Mr.Vijay Narayan, Advocate General Assisted by Mr.R.

Mr.Vijay Narayan, Advocate General Assisted by Mr.E.Manokaran Spl.Govt.Pleader for Higher Education Mr. Arvind Pandian, Additional Advocate General Assisted by Mr.C.Munusamy, Special Govt. Pleader for Education COMMON ORDER This matter is taken up for hearing through VideoConferencing.

2. All these Writ Petitions have been filed by Teachers, who had attained the superannuation on the respective dates shown in the Tabular Column:

Writ Petition No.

Name of the Petitioner Date of Superannuation 8033/2020 R.Delma Arul Selvi 30.04.2020 8036/2020 G.Neela 31.01.2020 8035/2020 M.Singaravelan 30.04.2020 8041/2020 R.Kamaraj 31.03.2020 8042/2020 A.

Nedunchezhian and 4 others 30.04.2020 8038/2020 K.Kaliavanan 31.03.2020 8037/2020 R.Kalaiselvi 30/04/2020 8043/2020 N.A.Malika Mehrun 30/04/2020 8039/2020 R.Raja Sundari 30/04/2020 8158/2020 N.Mangalam 31/01/2020 8178/2020 D.Jothi Erakkini Isabella 30.04.2020 8183/2020 G. Azeezu Nissa Begum 29.02.2020 8187/2020 P.Dharmalingam 31.01.2020 8210/2020 K.Samundian 30.04.2020 8216/2020 A.Premkumar 30.04.2020 8218/2020 T.Thamilselvam 31.03.2020 8223/2020 R.Rajeswari 31.03.2020 8231/2020 A.Velu 31.03.2020

8238/2020 R.Nedumaran 30.04.2020 8245/2020 N.Ari 31.01.2020 8250/2020 C. Manjula 28.02.2020 8255/2020 Rani 31.03.2020 8258/2020 A.Maheswari 30.04.2020 8259/2020 K.Anandan 30.04.2020 8264/2020 A. Sivagami 30.04.2020 8268/2020 K.Solaman 29.02.2020 Contending that they are also entitled to the benefits of G.O.Ms.No.51 dated 07.05.2020 they seek issuance of a writ of mandamus as aforesaid. It is not in dispute that all the petitioners have attained the age of superannuation prior to the cut off date and have been re-employed in terms of G.O.249 dated 09.02.1959 till the end of the academic year i.e. Up to 31-052020.

3. In similar Writ Petitions, viz. WP No.6442 of 2020 batch, the Madurai Bench of this Court, after exhaustive consideration of the law on the entitlement of the petitioners to the benefits of the said Government Order, has held that the petitioners are not entitled to benefits of G.O.Ms.51 dated 07.05.2020. As a result, all the Writ Petitions have been dismissed. The order of the Hon'ble Mr.Justice C.V.Karthikeyan, has also been made available.

4. In view of the same, I do not see any reason to entertain these Writ Petitions. These Writ Petitions are also dismissed accordingly.

5. The directions issued by the Madurai Bench of Madras High Court, with reference to payment of retirement benefits shall also apply to the petitioners herein. No costs. Consequently, the connected miscellaneous petitions are closed. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

1. THE CHIEF SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU, PERSONNEL & ADMINISTRATIVE REFORMS (S) DEPARTMENT, SECRETARIAT, CHENNAI - 9.

2. THE CHIEF SECRETARY TO GOVERNMENT, THE STATE OF TAMIL NADU, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI - 9.

3. THE COMMISSIONER OF SCHOOL EDUCATION, O/O THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI - 6.

4. THE DIRECTOR OF SCHOOL EDUCATION, O/O THE SCHOOL EDUCATION DEPARTMENT, COLLEGE ROAD, CHENNAI -6.

5. THE BLOCK EDUCATIONAL OFFICER, O/0 THE CHIEF EDUCATIONAL OFFICE, JOLARPETTAI, VELLORE DISTRICT.

6. THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE SALEM SALEM DISTRICT

7. THE CHIEF EDUCATIONAL OFFICER O/O THE CHIEF EDUCATIONAL OFFICE THIRUVARUR THIRUVARUR DISTRICT.

8. THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE MANNARGUDI THIRUVARUR DISTRICT.

THE DISTRICT EDUCATIONAL OFFICER O/O. THE DISTRICT EDUCATIONAL OFFICE THIRUVARUR DISTRICT.

10. THE CHIEF EDUCATIONAL OFFICER THIRUVARUR THIRUVARUR DISTRICT.

11. THE CHIEF EDUCATIONAL OFFICER THIRUPATHUR DISTRICT

12. THE CHIEF EDUCATIONAL OFFICER COIMABATORE COIMABATORE DISTRICT.

13. THE CHIEF EDUCATIONAL OFFICER CUDDALORE CUDDALORE DISTRICT.

14. THE CHIEF EDUCATIONAL OFFICER ERODE ERODE DISTRICT.

15. THE DISTRICT EDUCATIONAL OFFICER O/O. THE EDUCATIONAL OFFICE CHENGALPATTU.

16. THE BLOCK EDUCATIONAL OFFICER O/O. THE BLOCK EDUCATIONAL OFFICE ST. THOMAS MOUNT @ CHITLAPAKKAM CHENGLEPUT.

17.

THE DISTRICT EDUCATIONAL OFFICER O/O. THE DISTRICT EDUCATIONAL OFFICE MAYILADUDURAI DISTRICT.

18. THE CHIEF EDUCATIONAL OFFICER SALEM SALEM DISTRICT.

19. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE ARIYALUR DISTRICT.

20. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE PERAMBALUR PERAMBALUR DISTRICT.

21. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE ERODE ERODE DISTRICT.

22. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE VELLORE VELLORE DISTRICT.

23. THE CHIEF EDUCATIONAL OFFICER CHENNAI.

24. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE NILGIRIS DISTRICT.

25. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE VELLORE DISTRICT.

26. THE DISTRICT EDUCATIONAL OFFICER O/O. THE DISTRICT EDUCATIONAL OFFICE ARIYALUR DISTRICT.

27. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE COIMABATORE DISTRICT.

28. THE DISTRICT ADI DRAVIDAR WELFARE OFFICER O/O. THE DISTRICT ADIDRAVIDAR WELFARE OFFICE COLLECTORATE NAGAPATTINAM NAGAPATTINAM DISTRICT.

29. THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATION OFFICE VELLORE DISTRICT.

30. THE BLOCK EDUCATIONAL OFFICER ERODE ERODE DISTRICT.

W.P.Nos.8033, 8036, 8035, 8041, 8042, 8038, 8037, 8043, 8039, 8158, 8178, 8183, 8187, 8210, 8216, 8218, 8223, 8231, 8238, 8245, 8250, 8255, 8258, 8259, 8264 and 8268 of 2020 and connected Miscellaneous Petitions SP(25/08/2020)