K. Elizabeth Mariammal v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12-11-2025 CORAM :

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.8175 of 2025 and WMP(MD).No.6133 of 2025 K. Elizabeth Mariammal

...Petitioner

Vs 1.The Government of Tamilnadu, Represented by its Secretary, Finance(Pension) Department, Fort St.George, Chennai - 9.

2. The Accountant General, Officer of the Principal Accountant General, (Accounts and Entitlements) Tamilnadu, 361, Anna Salai, Chennai - 18.

3. The District Educational Officer(Elementary), Vallioor, Tirunelveli District.

4. The Block Educational Officer, Vallioor, Tirunelveli District.

5. The Correspondent St.Josephs RC Middle School, Kizhavaneri, Vallioor Via, Tirunelveli District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to impugned proceedings in No.AG(A and E) PEN E 23/12332625/4/R2332625/238 dated 27.02.2025 of the 2nd respondent herein and quash the same and consequently direct the respondents herein to count the petitioners net qualifying service as 29 years 07 months 18 days by counting the service rendered by petitioner from 3.11.1995 to 01.06.2003 as also a service period along with attended benefits and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner : M/s.T.Pon Ramkumar For Respondents : M/s.N.Satheesh Kumar, Additional Government Pleader For R1, R3 and R4

O R D E R

This Writ Petition has been filed for a Writ of Certiorarified Mandamus to quash the impugned order passed by the 2nd respondent in No.AG(A and E) PEN E 23/12332625/4/R2332625/238 dated 27.02.2025 and seeking consequential direction to the respondents herein to count the petitioners net qualifying service as 29 years 07 months 18 days by counting the service rendered by petitioner from 3.11.1995 to 01.06.2003 as also a service period along with attended benefits.

2/6

2. In this writ petition, it is the claim of the petitioner that, under the impugned order, the second respondent had returned the proposal of the third respondent to count the service of the petitioner rendered prior to the child psychology training from the date of his initial appointment for the purpose of calculating the benefits of selection grade and special grade.

3.The aforesaid issue is no longer res integra. The Division Bench of this Court in W.A(MD)No.249 of 2022 dated 02.04.2024 (The State of Tamil Nadu, Rep by its Secretary, Education Department Vs. Pallivasal Primary School, Rep by its Correspondent, Mudukulathur) has settled the said issue. Following the aforesaid judgment, the learned Single Judge of this Court in W.P(MD)No.4968 of 2024 had held that the first respondent therein was not right in excluding the period from the date of appointment till the certificate for child psychology training was issued for the purpose of calculating pension and set aside the same by issuing a further direction to calculate the period from the date of the appointment till the completion of the said training for calculating the pension and disburse the benefits by fixing the time frame. 3/6

4.This Court is of the view that the aforesaid judgment would squarely apply to the present facts of the case. 5.In such view of the matter, the impugned order dated 27.02.2025 is set aside and the respondents are directed to count the service of the petitioner from the date of his appointment till the date of issuance of course certificate as pensionable service and refix the pension accordingly and disburse the arrears and all other monetary benefits within a period of 12 weeks from the date of receipt of a copy of this order.

6. The writ petition stands ordered accordingly. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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To:

1.The Secretary, Finance(Pension) Department, Fort St.George, Chennai - 9.

2. The Accountant General, Officer of the Principal Accountant General, (Accounts and Entitlements) Tamilnadu, 361, Anna Salai, Chennai - 18.

3. The District Educational Officer(Elementary), Vallioor, Tirunelveli District.

4. The Block Educational Officer, Vallioor, Tirunelveli District.

5. The Correspondent St.Josephs RC Middle School, Kizhavaneri, Vallioor Via, Tirunelveli District.

5/6

K.KUMARESH BABU , J.

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