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Madras High CourtWP/43980/2025dismissed

J.Stella v. The Director Of School Education

2025-11-18Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.43980 & 43986 of 2025 and W.M.P.No.49090 of 2025 J.Stella .... Petitioner in both W.Ps Vs 1.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Uthagamandalam, Nilgiris District - 643 006.

.... Respondents in both W.Ps Prayer in W.P.No.43980 of 2025:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records of the Chief Educational Officer, Udhgamandalam, Nilgiris District the 2nd Respondent herein, having Ref. No.7729/A5/2025 dated 03.01.2025 and quash the same in so far as by the said proceedings the 2nd respondent rejected the request of the petitioner dated 04.12.2024 for sanction of pension on the ground that the petitioner has been in Government Service for less than 10 years as arbitrary illegal, unreasonable and violative or articles 14 and 21 of the

Constitution of India and consequently direct the Respondents to treat the petitioner as having rendered 18 years 9 months and 13 days as qualifying Government service and sanction pension to the petitioner under the Tamil Nadu Pension Rules 1978.

Prayer in W.P.No.43986 of 2025 :- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 2nd respondent to apply the principles of De Minimis non curat lex and condone the shortfall of approximately 3 months in the qualifying service for pension and sanction pension to the petitioner under the Tamil Nadu Pension Rules, 1978.

For Petitioner :

Mr.C.Uma (in both W.Ps) For Respondents :

Mrs.S.Mythreye Chandru (in both W.Ps) Special Government Pleader COMMON ORDER W.P.No.43980 of 2025 has been filed challenging the order dated 03.01.2025 passed by the second respondent, thereby rejecting the request made by the petitioner seeking pension on the ground that the petitioner did not complete ten years of service.

2. W.P.No.43986 of 2025 has been filed seeking a direction to the 2nd respondent to apply the principles of de Minimis non curat lex and to condone the shortfall of approximately three months in the

qualifying service for pension and consequently sanction pension to the petitioner under the Tamil Nadu Pension Rules, 1978.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. The petitioner was initially working in the Salem Cooperative Sugar Mill Matriculation School, Mohanur. Thereafter, she was appointed as Block Resource Teacher Educator on 15.07.2002. Upon attaining the age of superannuation, she retired from service on 31.12.2011. Therefore, the petitioner rendered only nine years nine months and thirteen days of qualifying service. Consequently, she does not fall within the zone of eligibility for pension under the relevant rules. The petitioner now seeks to include the service rendered by her in the private school for the purpose of pension.

5. Admittedly, the petitioner was appointed as Block Resource Teacher Education only on 15.07.2002. Therefore, the request made by the petitioner was rightly rejected.

6.

In view of the above, this Court finds no infirmity or illegality in the order dated 03.01.2025 passed by the second respondent. Accordingly, W.P.No.43980 of 2025 lacks merits and stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.

7. In view of the dismissal order passed by this Court in W.P.No.43980 of 2025, the request made by the petitioner in W.P.No.43986 of 2025 cannot be countenanced. Accordingly, W.P.No.43986 of 2025 is also dismissed. No costs. 18.11.2025 Internet : Yes Index : Yes/No Lpp To 1.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, Uthagamandalam, Nilgiris District - 643 006.

G.K.ILANTHIRAIYAN, J.

Lpp W.P.Nos.43980 & 43986 of 2025 18.11.2025