S. Aruna v. The State Of Tamil Nadu Rep.By Its Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.SURENDER Writ Appeal Nos. 1910, 1911 and 1912 of 2025
1. S.Aruna
2. S. Soundari
3. S. Balaji
4. S. Dhanalakshmi ... Appellants in WA 1910 of 2025 G. George Victor ... Appellant in WA 1911 of 2025 C. Mani ... Appellant in WA 1912 of 2025 Vs.
1. The State of Tamilnadu rep. By its Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2. The Director of Government Examinations, College Road, Chennai - 600 006.
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3. The Deputy Director (Administration) of Government Examinations, College Road, Chennai 6. ... Respondents in all the petitions Prayer: Writ Appeals filed under Clause 15 of the Letters Patent, to set aside the common order passed in WP Nos.19236, 18711 and 19203 of 2023 dated 01.04.2025.
For Appellants : Mr.A.R.Suresjh (in all the Appeals) For M/s.K.Arumugam For Respondents : Mr.UM. Ravichandran, (in all the Appeals) Special Government Pleader C O M M O N J U D G M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Two Writ Appeals viz. WA Nos. 1910 and 1912 of 2025 are by the Legal heirs of the deceased employee.
2. A similar rejection order made in respect of other employees, who 2/5
were working as Section Writers in the Directorate of Government examinations, were subject matter of challenge in WP No.13517 of 2021 and the said Writ Petition was allowed by this Court by order dated 06.02.2024.
3. The Writ Appeal filed by the Government in WA No.1880 of 2025 has been dismissed by us today. Confirming the order of the learned Single Judge, accepting the claim of similarly placed persons to be placed under the old Pension Scheme, on the ground that their services stood regularized with effect from completion of 10 years from the date of their initial appointment under G.O.Ms. No.22 dated 28.02.2006. Unfortunately, the Writ Court had misconstrued the prayer and held that as if it is one for counting 50% of the services rendered in the temporary capacity for the purposes of grant of pension and relegated the matter to the Authorities. The issue is actually covered by our decision in WA No.1880 of 2025.
4. Hence the Writ Appeals will stand allowed, the order of the learned 3/5
Single Judge is set aside, the Writ Petitions are allowed on the same terms as indicated by the learned Single Judge in WP No.13517 of 2021 dated 06.02.2024. There shall be no order as to costs. (R.SUBRAMANIAN, J.) (K.SURENDER, J.) 26.06.2025 jv Internet : Yes Index : No : No Speaking order To
1. The Secretary to Government, Government of Tamilnadu School Education Department, Secretariat, Chennai - 600 009.
2. The Director of Government Examinations, College Road, Chennai - 600 006.
3. The Deputy Director (Administration) of Government Examinations, College Road, Chennai 6.
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R.SUBRAMANIAN, J.
and K.SURENDER , J.
jv Writ Appeal Nos. 1910, 1911 and 1912 of 2025 26.06.2025 5/5