Madras High CourtWP(MD)/773/2026allowed

K.Nalayini v. The State Of Tamil Nadu

2026-01-09Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2026 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI K.Nalayini ... Petitioner Vs.

1.The State of Tamil Nadu Rep.by its Principal Secretary, School Education Department, Secretariate, St.George Fort, Chennai-600 009.

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

3.The Accountant General, 261, Anna Salai, Chennai-600 018.

4.The Commissioner, Madurai Corporation, Madurai.

5.The Chief Educational Officer, Madurai Corporation, Arinagar Anna Maligai, Madurai-625 002.

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6.The Headmaster, Corporation High School, Munichalai Madurai-625 009.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to pay the salary due to the petitioner for the period from July 2025 till date, forthwith, along with interest at the rate of 12% per annum on the belated payment and continue to pay the salary within such period as may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran, for M/s.Ajmal Associates.

For R1, R2 & R6 : Mr.M.Sarangan, Additional Government Pleader For R3 : Mr.P.Gunasekaran, Standing Counsel For R4 & R5 : Mr.K.Vinayak 2/7

ORDER

The petitioner is working as a Special Teacher in the respondent Corporation. She was appointed on 03.11.2003. However, selection process was commenced in the year 1999 and some of the selected candidates were appointed in the year 2002 and some others have been accommodated only in the year 2003. Therefore, they have been placed under the new pension scheme. The petitioner was initially treated under the old pension scheme, however, after finding out that the petitioner has been appointed only on 03.11.2003, after the new pension scheme was introduced vide G.O.(Ms).No.259, dated 06.08.2003, the petitioner was treated under the new pension scheme. Aggrieved by the same, the petitioner has approached this Court in WP.(MD)No.24167 of 2025. This Court has taken up the said writ petition along with similar writ petitions filed by the Corporation Teachers and disposed the same, by an order dated 26.11.2025 directing the respondent Corporation to treat them in the old pension scheme. 3/7

According to the petitioner, since she has approached this Court and has obtained order, the respondent has not paid any salary from the month of July 2025. The petitioner has submitted several representations and approached this Court seeking a direction to pay monthly salary due to the petitioner from July 2025 together with interest at the rate of 12% per annum.

2.The learned Standing Counsel appearing for the Madurai Corporation submits that the petitioner is not entitled for old pension scheme. According to him, they have filed a writ appeal as against the order dated 26.11.2025 and the same is yet to be numbered. The learned Standing Counsel has not denied the averment made by the petitioner that salary has not been paid to the petitioner from the month of July 2025.

3.This Court has considered the submissions made on either side and perused the available materials in the record. 4/7

4.The respondent Corporation has appointed the petitioner as a Special Teacher and extracted work from the petitioner. The respondents are not supposed to retain the salary of the petitioner. Therefore, this writ petition is allowed with a direction to the respondent Corporation to pay the salary due to the petitioner from the month of July 2025 together with interest at the rate of 6% per annum, for every month belated payment after a period of 30 days.

09.01.2026 NCC : Yes/No Index : Yes/No Internet:Yes gns 5/7

To 1.The Principal Secretary, School Education Department, Secretariate, St.George Fort, Chennai-600 009.