Madras High CourtWP(MD)/6294/2020dismissed

T.Jeyamangalam v. The State Of Tamil Nadu

2020-06-17Honourable Mrs Justice V.Bhavani Subbaroyan38 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2020

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)Nos.6294, 6390, 6391, 6395, 6445, 6424 to 6427, 6429 to 6431, 6433 to 6441, 6443, 6444, 6396, 6398 to 6423, 6295, 6317, 6318, 6326, 6333 of 2020 and WMP(MD).Nos.5639, 5646, 5645, 5747, 5640 to 5642, 5650, 5649, 5647, 5648, 5653 to 5712, 5714, 5716 to 5720, 5722 to 5739, 5742 to 5746, 5563, 5562, 5557, 5556, 5550, 5549, 5515, 5514, 5548, 5547, 5513, 5512, 5758 of 2020 T.JEYAMANGALAM ... PETITIONER in WP(MD) No.6294 of 2020 V.IRUDAYARAJ ... PETITIONER in WP(MD) No.6390 of 2020 T.PARVATHI ... PETITIONER in WP(MD) No.6391 of 2020 S.JEYAKODI ... PETITIONER in WP(MD) No.6395 of 2020 K.ARUMUGAM ... PETITIONER in WP(MD) No.6445 of 2020 T.ARASAPPAN ... PETITIONER in WP(MD) No.6424 of 2020 M.RAMAIAH ... PETITIONER in WP(MD) No.6425 of 2020 A.JEYARANI ... PETITIONER in WP(MD) No.6426 of 2020 A.

L.SELVI METTELDA ... PETITIONER in WP(MD) No.6427 of 2020 B.HEPSIBA ... PETITIONER in WP(MD) No.6429 of 2020 V.K.SENTHIL KUMARAN ... PETITIONER in WP(MD) No.6430 of 2020 R.KRISHNA DHAS ... PETITIONER in WP(MD) No.6431 of 2020 J.Q. EINSTIEN ... PETITIONER in WP(MD) No.6433 of 2020 A.MARIAMMAL ... PETITIONER in WP(MD) No.6434 of 2020 T.S.SHANTHI ... PETITIONER in WP(MD) No.6435 of 2020 A.MUNIYANDI ... PETITIONER in WP(MD) No.6436 of 2020 S.PUSHBAM ... PETITIONER in WP(MD) No.6437 of 2020 R.PARVATHI ... PETITIONER in WP(MD) No.6438 of 2020 S.THANGARAJ KARUPPAIYA ... PETITIONER in WP(MD) No.6439 of 2020 T.DHIVIYA ... PETITIONER in WP(MD) No.6440 of 2020 T.JEYAKUMAR ... PETITIONER in WP(MD) No.6441 of 2020 V.PARI ... PETITIONER in WP(MD) No.6443 of 2020 K.BABY ... PETITIONER in WP(MD) No.6444 of 2020 C. CHELVAM ... PETITIONER in WP(MD) No.

6396 of 2020 J.ARUL PRAKASH ... PETITIONER in WP(MD) No.6398 of 2020 R.MURUGAN ... PETITIONER in WP(MD) No.6399 of 2020 T.MANOHARAN ... PETITIONER in WP(MD) No.6400 of 2020 G.S.RAJAGURU ... PETITIONER in WP(MD) No.6401 of 2020 A.SIRAJUDEEN AHAMED ... PETITIONER in WP(MD) No.6402 of 2020 R.JAYAPAL ... PETITIONER in WP(MD) No.6403 of 2020 M.SARATHA ... PETITIONER in WP(MD) No.6404 of 2020 P.VIJAYALAKSHMI ... PETITIONER in WP(MD) No.6405 of 2020 S.MUNIYANDI ... PETITIONER in WP(MD) No.6406 of 2020 S.KAMALESWARI SANTHI ... PETITIONER in WP(MD) No.6407 of 2020 QUEEN MARY ... PETITIONER in WP(MD) No.6408 of 2020 A.ARIVAZHAHI ... PETITIONER in WP(MD) No.6409 of 2020 R.NEELAMEGHAM ... PETITIONER in WP(MD) No.6410 of 2020 K.LINGAN ... PETITIONER in WP(MD) No.6411 of 2020 R.KALIAMMAL ... PETITIONER in WP(MD) No.

A.VEDHAMANIKAM ... PETITIONER in WP(MD) No.6413 of 2020 R.RAJ ... PETITIONER in WP(MD) No.6414 of 2020 B.VIJAYALAKSHMI ... PETITIONER in WP(MD) No.6415 of 2020 S.ARUMUGAM ... PETITIONER in WP(MD) No.6416 of 2020 S.RAJENDRAN ... PETITIONER in WP(MD) No.6417 of 2020 A.RAJESWARI ... PETITIONER in WP(MD) No.6418 of 2020 A.BEDLARANI ... PETITIONER in WP(MD) No.6419 of 2020 V.BOOMINATHAN ... PETITIONER in WP(MD) No.6420 of 2020 P.MANOHAR ... PETITIONER in WP(MD) No.6421 of 2020 RENGITHA BAI ... PETITIONER in WP(MD) No.6422 of 2020 P.SUSEELA DEVI ... PETITIONER in WP(MD) No.6423 of 2020 C.GOPALAKRISHNAN ... PETITIONER in WP(MD) No.6295 of 2020 D.JAWAHAR ... PETITIONER in WP(MD) No.6317 of 2020 S.PARVATHI ... PETITIONER in WP(MD) No.6318 of 2020 M.SIVANTHI ... PETITIONER in WP(MD) No.6326 of 2020 B.SIVASANKAR ... PETITIONER in WP(MD) No.6333 of 2020 -VS1 THE STATE OF TAMIL NADU PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT, SECRETARIAT, CHENNAI-9.

2 THE STATE OF TAMILNADU 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, COLLEGE ROAD, CHENNAI-6.

5 THE CHIEF EDUCATIONAL OFFICER, O/O.THE CHIEF EDUCATIONAL OFFICER, SIVAGANGAI DISTRICT. ..RESPONDENTS in WP(MD)Nos.6294 of 2020 1 THE STATE OF TAMIL NADU REP BY CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT, FORT ST.GEORGE, CHENNAI-009.

2 THE STATE OF TAMILNADU REP BY CHIEF SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT FORT ST.GEORGE,CHENNAI-009 2/38

OFFICE OF THE COMMISSIONER OF SCHOOL EDUCTION, COLLEGE ROAD, CHENNAI-006 OFFICE OF THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD CHENNAI-006 OFFICE OF THE CHIEF EDUCATIONAL OFFICER SIVAGANGAI DISTRICT.

6 THE HEAD MASTER GOVERNMENT HIGHER SECONDARY SCHOOL ARASANOOR -THIRUMANJOLAI SIVAGANGAI DISTRICT. .. RESPONDENTS in WP(MD) No.6390 of 2020 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 O/O THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 O/O. THE SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 O/O. THE CHIEF EDUCATIONAL OFFICE THENI, THENI DISTRICT. ..RESPONDENTS in WP(MD) No.6391 of 2020 1 THE STATE OF TAMILNADU 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 3/38

O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI 6 O/O. THE SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI 6 O/O.THE CHIEF EDUCATIONAL OFFICE, TRICHY.

..RESPONDENTS in WP(MD) No.6395 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 REP BY ITS SECRETARY TO GOVERNMENT ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT SECRETARIAT, CHENNAI -9 3 THE COMMISSIONER ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT SECRETARIAT,CHENNAI -9 .. RESPONDENTS in WP(MD)No.6445/2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 ORATHANADU, THANJAVUR DISTRICT. ... RESPONDENTS in WP(MD) No.6424 of 2020 4/38

PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 REP BY ITS SECRETARY TO GOVERNMENT ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, SECRETARIAT,CHENNAI-9 3 THE COMMISSIONER, ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, CHEPAUK, CHENNAI-5.

4 THE DISTRICT ADI-DRAVIDAR AND TRIBAL WELFARE OFFICER, COLLECTORATE,RAMNAD, RAMNAD DISTRICT. ...RESPONDENTS in WP(MD) No.6425 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD CHENNAI-6 RAMNAD, RAMNAD DT. ...RESPONDENTS in WP(MD) No.6426 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 5/38

O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 KUZHITHURAI KANYAKUMARI DISTRICT. ... RESPONDENTS in WP(MD) No.6427 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD CHENNAI-6 KANYAKUMARI, KANYAKUMARI DISTRICT. ... RESPONDENTS in WP(MD) No.6429 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 6/38

COLLEGE ROAD CHENNAI-6 5 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE MADURAI, MADURAI DISTRICT ... RESPONDENTS in WP(MD) No.6430 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 KANYAKUMARI KANYAKUMARI DISTRICT. ... RESPONDENTS in WP(MD) No.6431 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 7/38

RAMANATHAPURAM RAMANATHAPURAM DISTRICT. ... RESPONDENTS in WP(MD) No.6433 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT 6 THE CORRESPONDENT KALAIMAGAL HIGHER SECONDARY SCHOOL S.RAMACHANDRAPURAM SRIVILLIPUTHUR TALUK VIRUDHUNAGAR DISTRICT ... RESPONDENTS in WP(MD) No.6434 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD CHENNAI-6 8/38

MADURAI MADURAI DISTRICT. ... RESPONDENTS in WP(MD) No.6435 of 2020 REP. BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT, COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 5 THE DISTRICT EDUCATIONAL OFFICER O/O THE DISTRICT EDUCATIONAL OFFICER VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT.

6 THE BLOCK EDUCATIONAL OFFICER O/O. THE BLOCK EDUCATIONAL OFFICER SIVAKASI VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in WP(MD) No.6436 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD CHENNAI-6 9/38

MADURAI, MADURAI DISTRICT. ... RESPONDENTS in WP(MD) No.6437 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 ILLUPPUR PUDUKKOTTAI DISTRICT. ... RESPONDENTS in WP(MD) No.6438 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 PUDUKOTTAI, PUDUKOTTAI DISTRICT ... RESPONDENTS in WP(MD) No.6439 of 2020 10/38

PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT, CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 DINDIGUL, DINDIGUL DISTRICT. ... RESPONDENTS in WP(MD) No.6440 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD CHENNAI-6 5 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE THIRUMANGALAM EDUCATIONAL DISTRICT MADURAI DISTRICT ... RESPONDENTS in WP(MD) No.6441 of 2020 REP. BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI -9 11/38

2 THE STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT, CHENNAI -9 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 DISTRICT EDUCATIONAL OFFICER, O/O.THE DISTRICT EDUCATIONAL OFFICE, THANJAVUR, THANJAVUR DISTRICT.

6 THE BLOCK EDUCATIONAL OFFICER, THIRUVAIYARU, THANJAVUR, THANJAVUR DISTRICT.

7 THE CORRESPONDENT, HARIJAN AIDED MIDDLE SCHOOL, VELLAMPERAMBUR, THANJAVUR, THANJAVUR DISTRICT. ... RESPONDENTS in WP(MD) No.6443 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 KANNIYAKUMARI, KANNIYAKUMARI DISTRICT. ... RESPONDENTS in WP(MD) No.6444 of 2020 12/38

PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT, SECRETARIAT, CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 5 THE CHIEF EDUCATIONAL OFFICER, MADURAI, MADURAI DISTRICT. ... RESPONDENTS in WP(MD) No.6396 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 TRICHY DISTRICT. ... RESPONDENTS in WP(MD) No.6398 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 13/38

SCHOOL EDUCATION DEPARTMENT, SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 TENKASI DISTRICT.

... RESPONDENTS in WP(MD) No.6399 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT ... RESPONDENTS in WP(MD) No.6400 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 14/38

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

6 THE SECRETARY AV HIGHER SECONDARY SCHOOL NGO COLONY SANKARANKOVIL, TENKASI DISTRICT. ... RESPONDENTS in WP(MD) No.6401 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 RAMNAD DISTRICT.

... RESPONDENTS in WP(MD) No.6402 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 15/38

O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 THANJAVUR, THANJAVUR DISTRICT. ... RESPONDENTS in WP(MD) No.6403 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT, CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD CHENNAI-6 VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT 6 THE SECRETARY KSHATRIYA GIRLS HIGHER SECONDARY SCHOOL VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT ... RESPONDENTS in WP(MD) No.6404 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 16/38

O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 5 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE KARUR 6 THE BLOCK EDUCATIONAL OFFICER, ARAVAKURICHI UNION, KARUR DISTRICT ... RESPONDENTS in WP(MD) No.6405 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 DINDIGUL DISTRICT. ... RESPONDENTS in WP(MD) No.6406 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 17/38

O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 TALLAKULAM, MADURAI, MADURAI DISTRICT. ... RESPONDENTS in WP(MD) No.6407 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 DINDIGUL DINDIGUL DISTRICT. ... RESPONDENTS in WP(MD) No.6408 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 18/38

COLLEGE ROAD, CHENNAI-6 COLLECTORATE BUILDING RAMNAD DISTRICT. ... RESPONDENTS in WP(MD) No.6409 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 REP BY ITS CHIEF SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 THANJAVUR, THANJAVUR DISTRICT ... RESPONDENTS in WP(MD) No.6410 of 2020 REP BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT, CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 19/38

VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in WP(MD) No.6411 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 THOOTHUKUDI THOTHUKUDI DISTRICT. ... RESPONDENTS in WP(MD) No.6412 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 HIGHER EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 3 THE DIRECTOR OF COLLEGIATE EDUCATION, O/O.DIRECTOR OF COLLEGIATE EDUCATION OFFICE, COLLEGE ROAD CHENNAI-6 ... RESPONDENTS in WP(MD) No.6413 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 20/38

SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD, CHENNAI-6 TUTICORIN, TUTICORIN DISTRICT ... RESPONDENTS in WP(MD) No.6414 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD CHENNAI-6 DINDIGUL, DINDIGUL DISTRICT. ... RESPONDENTS in WP(MD) No.6415 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 21/38

O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 THANJAVUR DISTRICT. ... RESPONDENTS in WP(MD) No.6416 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 PUDUKOTTAI PUDUKOTTAI DISTRICT. ... RESPONDENTS in WP(MD) No.6417 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 22/38

COLLEGE ROAD CHENNAI-6 VIRUDHUNAGAR VIRUDHUNAGAR DISTRICT ... RESPONDENTS in WP(MD) No.6418 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT, CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD CHENNAI-6 COLLEGE ROAD CHENNAI-6 PUDUKKOTTAI DISTRICT. ... RESPONDENTS in WP(MD) No.6419 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 23/38

TALLAKULAM MADURAI MADURAI DISTRICT. ... RESPONDENTS in WP(MD) No.6420 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD,CHENNAI-6 THOOTHUKUDI,THOOTHUKUDI DISTRICT ... RESPONDENTS in WP(MD) No.6421 of 2020 PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT SECRETARIAT, CHENNAI-9 SCHOOL EDUCATION DEPARTMENT SECRETARIAT,CHENNAI-9 O/O.THE COMMISSIONER OF SCHOOL EDUCATION DEPARTMENT COLLEGE ROAD, CHENNAI-6 COLLEGE ROAD, CHENNAI-6 KANYAKUMARI DISTRICT. ... RESPONDENTS in WP(MD) No.6422 of 2020 24/38

2 THE STATE OF TAMILNADU 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, COLLEGE ROAD, CHENNAI-6.

5 THE CHIEF EDUCATIONAL OFFICER, O/O.THE CHIEF EDUCATIONAL OFFICER, SIVAGANGAI DISTRICT. ... RESPONDENT in WP(MD) Nos. 6295 of 2020 1 THE STATE OF TAMILNADU REP. BY ITS CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT, SECRETARIAT, CHENNAI-9.

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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.

5 THE CHIEF EDUCATIONAL OFFICER, O/O. THE CHIEF EDUCATIONAL OFFICE , VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT. ... RESPONDENTS in WP(MD) Nos.6317 & 6318 of 2020 1 THE CHIEF SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT, SECRETARIAT, CHENNAI.

2 THE SECRETARY SCHOOL EDUCATION DEPARTMENT, STATE OF TAMIL NADU ST.GEORGE FORT, CHENNAI.

3 THE DIRECTOR OF ELEMENTARY SCHOOL EDUCATION, DPI COMPLEX, COLLEGE ROAD, CHENNAI.

4 THE DISTRICT EDUCATIONAL OFFICER, PUDUKOTTAI, PUDUKOTTAI DISTRICT.

5 THE BLOCK EDUCATIONAL OFFICER, VEERALIMALAI, PUDUKOTTAI DISTRICT. ... RESPONDENTS in WP(MD) No.6326 of 2020 1 THE STATE OF TAMILNADU 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.

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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 CHIEF EDUCATIONAL OFFICER, O/O.THE CHIEF EDUCATIONAL OFFICE, VIRUDHUNAGAR DISTRICT. ... RESPONDENT in WP(MD) No.6333 of 2020 Prayer in WP(MD) No.6294 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Certiorarified Mandamus to Call 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 7.5.2020 in so far as it restricts to those who are in regular service as on date and due to retire on superannuation from 31.5.2020 and consequential impugned order passed by the 1st respondent in his proceedings in Letter No.11308/S/2020-1 dated 14.5.2020 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.

Prayer in WP(MD) No.6390 of 2020:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ order or direction or any other writ in the nature of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in G.O.Ms.No.51 Personnel and Administrative Reforms (S) Department dated 7.5.2020 and the impugned Government Lr.No.11308/S/2020-1 dated 14.5.2020 issued by the 1st respondent and quash the same in so far as denying extension of age of Superannuation to the petitioner from 58 to 59 years and consequently direct the respondents herein to extend the benefit of GO Ms.No.51 Personnel and Administration Reforms (S) department dated 7.5.2020 for extension of age of superannuation from 58 to 59 years to the petitioner.

Prayer in WP(MD) No.6391 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified mandamus calling for the records relating to G.O.Ms.No.51 Personnel and Administrative Reforms (S) Department dated 7.5.2020 in so far as it restricts to those who are in regular service as consequential impugned order passed by the 1st respondent in his proceedings in Letter No.11308/S/2020-1 dated 14.5.2020 and quash the same as illegal the petitioner from 58 years to 59 years in terms of the 27/38

G.O.Ms.No.51 Personnel and Administrative Reforms(S) Department dated 7.5.2020 within the time limit that may be stipulated by this Honourable Court.

Prayer in WP(MD) No.6395 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified mandamus or any other appropriate writ or order or direction in the nature of writ 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 the relieving order passed by the 5th respondent in his proceedings in Na.Ka.NO.2377/E4/2020 dated 28.05.2020 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. Prayer in WP(MD) No.6445 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in GO Ms.NO.51 Personnel and Administrative Reforms (S) Department dated 7.5.2020 in so far as it restricts to those who are in regular service as on date and due to retire on superannuation from 31.5.2020 and consequential impugned order passed by the 1st respondent in his proceedings in Lr.No.11308/S/2020-1 dated 14.5.2020 and quash the same as illegal and consequential 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.

Prayer in WP(MD) Nos.6424 to 6427 of 2020:

Writ Petitions is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in GO Ms.NO.51 Personnel and Administrative Reforms (S) Department dated 7.5.2020 in so far as it restricts to those who are in regular service as on date and due to retire on superannuation from 31.5.2020 and consequential impugned order passed by the 1st respondent in his proceedings in Lr.No.11308/S/2020-1 dated 14.5.2020 and quash the same as illegal and consequential 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 28/38

dated 07-05-2020.

Prayer in WP(MD) Nos.6429 to 6431 of 2020:

Prayer in WP(MD) Nos.6433 to 6441 of 2020:

Prayer in WP(MD) No.6443 of 2020:

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Prayer in WP(MD) No.6444 of 2020:

Prayer in WP(MD) No.6396 of 2020:

Prayer in WP(MD) No.6398 to 6423 of 2020:

Prayer in WP(MD) No.6295 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus 30/38

to Call 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 retire on 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.

Prayer in WP(MD) No.6317 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a 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 fa 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 14.5.2020 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.

Prayer in WP(MD) No.6318 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a 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) Dept. 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 Lr.No. 11308/S/2020-1 dt. 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.

Prayer in WP(MD) No.6326 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue of Writ of calling for the entire records connected with the impugned government order in G.O.(MS)no.51 Personnel and Administrative Reforms(S) Dept, dt 7.5.2020 and Quash the same in so far as restricting its applicability to the employees who are in regular services and are due to retire on 31.5.2020 alone and consequentially Direct the respondents to extend the benefits of G.O.(MS) no.51, dt 7.5.2020 to the petitioner who is an extension of 31/38

service and thereby increase the age of superannuation of the petitioner to 59 years and confer all consequential and monetary benefits flowing thereof.

Prayer in WP(MD) No.6333 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of Writ calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in GO Ms.No.51 Personnel and Administrative Reforms (S) Department dated 7.5.2020 in so far as it restricts to those who are in regular service as on date and due to retire on superannuation from 31.5.2020 and consequential impugned order passed by the 1st respondent in his proceedings in Lr.No.11308/S/2020-1 dated 14.5.2020 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.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of MR.M.AJMAL KHAN, Senior Counsel for MR.S.SRINIVASA RAGHAVAN, Advocate for the petitioner in WP(MD) No.6390 of 2020 and MR.M.AJMAL KHAN, Senior Counsel for MR.C.VENKATESH KUMAR, Advocate for the petitioner in W.P(MD). Nos.6294, 6295, 6333, 6317, 6318, 6396, 6429, 6397 to 6431, 6433 to 6441, 6443 to 6445 of 2020 and MR.M.P.PARTHIBAN, Advocate for MR.K.MAHENDRAN, Advocate for the petitioner in WP(MD) No.6326 of 2020 and MR.M.JEGADEESH PANDIAN, Advocate for the petitioner WP(MD) No.6395 of 2020 and MR.G.THALAIMUTHARASU, Advocate for the Petitioner in WP(MD) No.6391 of 2020 and of MR.VIJAY NARAYANAN, Advocate General Assisted by MRS.S.SRIMATHY, Special Government Pleader for Government Officials in all these petitions, the court made the following order:- COMMON ORDER By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself.

2. The petitioners were working in the Education Department and they retired from service on attaining the age of superannuation on various dates.

3. In the affidavit filed in support of the Writ Petitions, it had been stated that the first respondent had issued G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department, dated 07.05.2020, which has increased the age of Government servants from 58 years to 59 years. It was stated in the said Government Order that this was applicable to the employees, who are in regular 32/38

service as on 07.05.2020 and due to retire on superannuation from 31.05.2020. The petitioners had already retired on various dates. However, by way by these Writ Petitions, they seek the benefit extended under G.O.Ms.No.51 referred supra to the petitioners also.

4. Heard Mr.M.Ajmal Khan, learned Senior Counsel appearing for the petitioners and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.

5. The petitioners had retired from service on attaining the age of 58 on various dates. On that date, they ceased to be regular employees under the said Government order. There is no employer and employee relationship subsisting between the petitioners and the first respondent from 01.05.2020. The first respondent had issued G.O.Ms.No.51, Personnel and Administrative Reforms (S) Department, dated 07.05.2020 and had taken a policy decision to increase the age of superannuation of the Government servants from 58 to 59 years. It had been stated in the Government Order that the said Government Order is applicable only to regular Government servants. It would only be applicable to those Government Servants, who are in regular service.

It will not be applicable to those, who had retired earlier to the date from which the order comes into effect. The Government order can come into effect only prospectively and not retrospectively. If it is to be so applied, then an anomalous situation will arise and the Government servants, who had retired either on superannuation or on voluntary retirement or on compulsory retirement would seek the benefit under G.O.Ms.No.51, even though they had retired two, three, four months prior to the issuance of the Government order. There has got to be a definiteness and a date has been fixed by the Government to decide from which date it would apply. The Government had taken a conscious decision that it would apply to those Government servants who retired from service on 31.05.2020. It would apply to those who were in regular service as on 07.

05.2020. The petitioners had already retired on various dates. Therefore, there is no jural relationship of employer, employee between the petitioners and the respondents after their superannuation. Therefore the above said Government order is not applicable to them.

6. In a batch of Writ Petitions in W.P.(MD).No.6442 of 2020 (S. Germani Isabella Vs. The Chief Secretary to the Government, State of Tamilnadu, Personnel & Administrative Reforms (S) Department, Secretariat, Chennai - 600 009), this Court had passed an order, with respect to Teachers, who were given extension of service and questioned G.O.Ms.No.51 and had sought for applicability of the said benefit to them. The Writ Petitions were dismissed vide an elaborate order. During the course of the said order, reliance had been placed on the order of the Hon'ble Supreme Court reported in Chandra Mohan Varma Vs. State of Uttar Pradesh & Others, 2020(2) 33/38

Scale 251. That judgment refers to a Professor, who was given extension of service, but who retired on superannuation prior to the date of notification. The Hon'ble Supreme Court very categorically had held that after retirement on attaining the age of superannuation, there is no jural relationship between the employer and the employee and the employee cannot seek any further benefit from the employer except his pensionary and retirement benefits. The following is the observations of the Hon'ble Supreme Court and it had been held as follows:- "18. The date on which the employee attains the age of superannuation is prescribed by the Fundamental Rules. The decision which was communicated by the State Government on 19 November 2012 does not alter the date of superannuation or retirement.

However, what the decision effectuates is to allow the continuance of the employee, after retirement, upon the attainment of the age of superannuation with the salient purpose of preventing a disruption in education instruction prior to the end of the academic session. This view is fortified by the fact that the continuance of the employee until the end of the session is subject to the fulfillment of conditions stipulated, as noticed above.

19. The determination of the age of retirement is a matter of executive policy. The appellant attained the age of superannuation prior to the notification dated 6 February 2015 and was not entitled to the benefit of the enhancement of the age of retirement.

....

23. The issue in Civil Appeal Nos.6667-6668 of 2019 (Dr.Profesor Rajendra Chaudhary Vs. State of Uttar Pradesh) was distinct from the central point in this case. In the present case the issue is whether the appellant who had already attained the age of superannuation under the prevailing rules and was continuing until the end of the session would be entitled to the benefit of the enhancement of the age of retirement under the notification dated 6 February 2015. The 34/38

decision in Dr Rajendra Chaudhary (referred supra) is hence distinguishable.

24. For the reasons that we have indicated, we hold that the appellant who attained the age of 60 years - the age of retirement which prevailed at the relevant time was not entitled to the benefit of the notification dated 6 February 2015. The appellant was continuing until the end of the session (30 June 2015) after retirement, in terms of the decision dated 19 November 2012. He was not entitled to the enhanced age of retirement of 65 years. The terminal benefits which are due to the appellant shall be accordingly computed and released within a period of two months from the date of receipt of a certified copy of this order. For the reasons which we have indicated, we have come to the conclusion that there is no merit in the appeals. The appeals shall stand dismissed. There shall be no order as to costs."

7. The said Judgment is also applicable to the Government servants in every Department, who retired prior to the date of notification. Therefore, I am unable to grant any relief to the petitioners and as such, the Writ Petitions fail.

8. With these observations, these Writ Petitions stand dismissed. There shall be no order as to costs. However, a direction is issued to the respondents to process the pension and retirement papers of the petitioners, as expeditiously as possible, within the time period prescribed in the Rules and pay them to the petitioners. It is also made clear that if there is any unexplained and inordinate delay in payment, the petitioners would be entitled to get interest as per rules on the same. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. 35/38

trp TO 1 THE CHIEF SECRETARY TO GOVERNMENT STATE OF TAMIL NADU,PERSONNEL AND ADMINISTRATIVE REFORMS (S) DEPARTMENT, FORT ST.GEORGE, CHENNAI-009.

2 THE CHIEF SECRETARY TO GOVERNMENT,STATE OF TAMILNADU SCHOOL EDUCATION DEPARTMENT FORT ST.GEORGE,CHENNAI-009 OFFICE OF THE COMMISSIONER OF SCHOOL EDUCTION, COLLEGE ROAD, CHENNAI-006 OFFICE OF THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI-006 OFFICE OF THE CHIEF EDUCATIONAL OFFICER SIVAGANGAI, DISTRICT.

6 THE CHIEF EDUCATIONAL OFFICER O/O. THE CHIEF EDUCATIONAL OFFICE THENI, THENI DISTRICT.

7 THE CHIEF EDUCATIONAL OFFICER O/O.THE CHIEF EDUCATIONAL OFFICE, TRICHY.

8 THE CHIEF EDUCATIONAL OFFICER, O/O. THE CHIEF EDUCATIONAL OFFICE , VIRUDHUNAGAR,VIRUDHUNAGAR DISTRICT.

9 THE DIRECTOR OF ELEMENTARY SCHOOL EDUCATION, DPI COMPLEX, COLLEGE ROAD,CHENNAI.

10 THE DISTRICT EDUCATIONAL OFFICER, PUDUKOTTAI, PUDUKOTTAI DISTRICT.

11 THE BLOCK EDUCATIONAL OFFICER, VEERALIMALAI, PUDUKOTTAI DISTRICT.

12 THE CHIEF EDUCATIONAL OFFICER, MADURAI, MADURAI DISTRICT.

13 THE CHIEF EDUCATIONAL OFFICER KANYAKUMARI, KANYAKUMARI DISTRICT.

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14 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE TIRUPATHUR SIVAGANGAI DISTRICT.

15 THE CHIEF EDUCATIONAL OFFICER O/O.THE CHIEF EDUCATIONAL OFFICE,TENKASI DISTRICT. 16 THE CHIEF EDUCATIONAL OFFICER COLLECTORATE BUILDING,RAMNAD DISTRICT.

17 THE CHIEF EDUCATIONAL OFFICER THANJAVUR THANJAVUR DISTRICT.

18 THE CHIEF EDUCATIONAL OFFICER O/O.THE CHIEF EDUCATIONAL OFFICE,DINDIGUL DISTRICT. 19 THE CHIEF EDUCATIONAL OFFICER TALLAKULAM MADURAI,MADURAI DISTRICT.

20 THE CHIEF EDUCATIONAL OFFICER THOOTHUKUDI THOTHUKUDI DISTRICT.

21 THE CHIEF EDUCATIONAL OFFICER ORATHANADU THANJAVUR DISTRICT.

22 THE CHIEF EDUCATIONAL OFFICER KUZHITHURAI KANYAKUMARI DISTRICT.

23 THE DISTRICT EDUCATIONAL OFFICER MELUR EDUCATIONAL DISTRICT,MELUR, MADURAI DISTRICT. 24 THE BLOCK EDUCATIONAL OFFICER MADURAI WEST UNION, ANAIYUR,MADURAI - 625 017. 25 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE MADURAI, MADURAI DISTRICT 26 THE DISTRICT EDUCATIONAL OFFICER O/O THE DISTRICT EDUCATIONAL OFFICER VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

27 THE BLOCK EDUCATIONAL OFFICER O/O. THE BLOCK EDUCATIONAL OFFICER SIVAKASI VIRUDHUNAGAR DISTRICT.

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28 THE CHIEF EDUCATIONAL OFFICER ILLUPPUR PUDUKKOTTAI DISTRICT.

29 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE THIRUMANGALAM EDUCATIONAL DISTRICT MADURAI DISTRICT 30 THE DISTRICT EDUCATIONAL OFFICER, O/O.THE DISTRICT EDUCATIONAL OFFICE, THANJAVUR, THANJAVUR DISTRICT.

31 THE BLOCK EDUCATIONAL OFFICER, THIRUVAIYARU, THANJAVUR,THANJAVUR DISTRICT.

32 THE SECRETARY TO GOVERNMENT STATE OF TAMILNADU,ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, SECRETARIAT,CHENNAI-9 33 THE COMMISSIONER, ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT, CHEPAUK, CHENNAI-5.

34 THE DISTRICT ADI-DRAVIDAR AND TRIBAL WELFARE OFFICER, COLLECTORATE,RAMNAD, RAMNAD DISTRICT.

35 THE CHIEF SECRETARY TO GOVERNMENT STATE OF TAMILNADU HIGHER EDUCATION DEPARTMENT,SECRETARIAT, CHENNAI-9 36 THE DIRECTOR OF COLLEGIATE EDUCATION, O/O.DIRECTOR OF COLLEGIATE EDUCATION OFFICE, COLLEGE ROAD CHENNAI-6 37 THE DISTRICT EDUCATIONAL OFFICER O/O.THE DISTRICT EDUCATIONAL OFFICE,KARUR 38 THE BLOCK EDUCATIONAL OFFICER, ARAVAKURICHI UNION, KARUR.

Order made in W.P(MD)Nos.6294, 6390, 6391, 6395, 6445, 6424 to 6427, 6429 to 6431, 6433 to 6441, 6443, 6444, 6396, 6398 to 6423, 6295, 6317, 6318, 6326, 6333 of 2020 Dated:17.06.2020 SMA/02/07/2020/38P/39C 38/38