M.Kannan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR M.Kannan ... Appellant / Writ Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Secretary to Government, School Education (R1) Department, Secretariat, Chennai-9.

2.The Director of School Education, College Road, Chennai-6.

3.The District Educational Officer, Musiri, Trichy District.

4.The Chief Educational Officer, Trichy District.

... Respondents / Respondents 1/5

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order passed by this Court in W.P.(MD)No. 25226 of 2018 dated 07.07.2023 and allow the writ appeal. For Appellant : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) The appellant herein filed W.P.(MD)No.25226 of 2018 for directing the Government to give him equal scale of pay on par with the full time watchman with effect from 01.04.1983. The learned single Judge vide order dated 07.07.2023 dismissed the writ petition. Aggrieved by the same, this appeal has been filed.

2. The case of the appellant is that he was appointed as watchman in a Government school on contingency basis in the year 1977. Vide G.O.Ms.No.367, School Education Department, dated 20.08.1997, his services were regularised with effect from 01.04.1983. 2/5

3. The learned counsel for the appellant reiterated all the contentions set out in the grounds of appeal and called upon this Court to set aside the order of the learned single Judge and grant relief as prayed for.

4. We are not able to agree with the said contentions. This is for simple reason that the appellant had already filed W.P.(MD)No.2392 of 2008. In the said writ petition also, the prayer made by the appellant was that his services should be regularised with effect from 01.04.1983 as mentioned in G.O.Ms.No.367, School Education Department, dated 20.08.1997. The writ petition was allowed on 01.08.2011. However, the said order was set aside by the Hon'ble Division Bench on 03.07.2015. It is well settled that a person can approach the Court for a particular relief only once. This is the underlying principle of the doctrine of res judicata. The appellant had earlier come to this Court and his request had been negatived by the Hon'ble Division Bench. Therefore, the appellant cannot be permitted to re-agitate the very same issue once again.

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5. In this view of the matter, we decline to interfere with the order of the learned single Judge. The writ appeal stands dismissed. No costs. (G.R.S., J.) (K.R.S., J.) 07.07.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Secretary to Government, School Education (R1) Department, Secretariat, Chennai-9.

2.The Director of School Education, College Road, Chennai-6.

3.The District Educational Officer, Musiri, Trichy District.

4.The Chief Educational Officer, Trichy District.

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G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

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