A.Muniasamy v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA

1. A. Muniasamy

2. G. Raman

3. U. Nallakannan

4. Muthmariammal .... Petitioners vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Education Department, Secretariat, Fort St. George, Chennai, - 600 009, Tamil Nadu.

2. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006, Tamil Nadu.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents to notionally regularize the petitioners' service by relaxing the rules after completion of ten years from the date of initial appointment as a temporary workers of the similar person seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Hon'ble Supreme Court 1/5

Judgment delivered in C.A. No.6798 of 2019 dated 02.09.2019 and Hon'ble Madras High Court orders passed in W.P. No.19023 of 2021 dated 09.09.2021 and W.P. (MD) No.15339 of 2024 dated 10.07.2024 were complied in G.O. (2D) No.91 dated 30.06.2022 and G.O. (2D) No.32 on 28.02.2025 in the Forest Department and to confer all consequential pensionary benefits by the way of our Common representation to the respondents. For petitioner : Mr. I. Kannapatel For respondents : Mrs.S. Mythreye Chandru Spl. Govt. Pleader (Education)

ORDER

Mrs.S. Mythreye Chandru, learned Special Government Pleader (Education) takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioners' case is that they joined various schools under the Education Department from 1987 onwards on temporary basis and they were paid salaries from the contigencies allocation. It is their grievance that even though they had put in service for more than eighteen years, they were termed as part-time workers.

3. It is their further case that they are entitled to benefits under the Old Pension Scheme as they were appointed in the year 1987 itself. It is their contention that as per the decision rendered by the Hon'ble Supreme Court in 2/5

the case of Prem Singh vs. The State of Uttar Pradesh & Ors, on 02.09.2019 in C.A. No.6798 of 2019 and various decisions of this Court, they claim similar benefits, for which they are entitled to. Therefore, they submitted a common representation dated 07.08.2025 to the respondents in the above regard, which remain without being considered and therefore, they approached this Court with the aforesaid prayer.

4. Though an exhaustive prayer is sought, however, at the time of arguments, learned counsel for the petitioner submitted that it would suffice, if this Court issues a direction to the respondents to consider the petitioners' common representation dated 07.08.2025, within a time frame.

5. Mrs.S.Mythreye Chandru, learned Special Government Pleader (Education) appearing for the respondents submits that she has no objection in this Court issuing a direction to the 1st respondent to consider the petitioner's common representation dated 07.08.2025, in accordance with law, within a time frame.

6. In view of the fair stand taken by the learned counsel on either side, this Court, without going into the merits of the case, issues a direction to the 1st respondent to consider the petitioners' common representation dated 07.08.2025 3/5

in the light of the decision rendered by the Hon'ble Apex Court as well as by this Court, referred to above, and pass orders on their own merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

7. With the above directions, this writ petition stands disposed of. No costs.

18.09.2025 (1⁄2) Speaking/Non-speaking order To

1. The Principal Secretary to Government, Home Department, Fort. St. George, Chennai - 600 009.

2. The Director General of Police, Head of Police Force, Tamil Nadu, Chennai - 600 004.

A.D. JAGADISH CHANDIRA, J.

vsi2

3. The Superintendent of Police, District Police Office, 4/5

Dharmapuri.

18.09.2025 5/5