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Madras High CourtWP(MD)/6501/2019dismissed

P.Veerasingam, v. State Of Tamil Nadu,

2025-08-14Honourable Mr.Justice K.Rajasekar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P(MD)No.6501 of 2019 and W.M.P(MD) No.5194 of 2019 P.Veerasingam ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary to the Government, School Education Department, Ft.George, Chennai -9.

2. The Director of Elementary Education, Chennai.

3. The District Educational Officer, Sivagangai District.

... Respondents 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 pertaining to the order passed by the second respondent in his proceedings in Na.Ka.No.020404/G3/2018, dated 12.10.2018 and quash the same and direct the respondents to sanction selection grade and special grade in the cadre of elementary school head master for the service rendered by the petitioner and confer all the consequential benefits. 1/5

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking to quash the impugned order dated 12.10.2018, wherein the second respondent herein rejected the revision of pay of the writ petitioner.

2. According to the petitioner, he served as the Headmaster of St.James Primary School, Sooranam, Ilayankudi Union, Sivagangai District. Subsequently, he was transferred to another School and served as a Secondary Grade Teacher and subsequently retired from service.

3. As per G.O.Ms.No. 202, School Education G.2 Department, dated 24.09.2008, he is entitled for monetary benefits, since he has suffered monetary loss based on the revision of pay implemented by the 6th pay commission. His claim for revision of pay was rejected by the respondent on the ground that the petitioner worked in a Private Minority Aided School Management under the Corporate Management and he was transferred within 2/5

very same corporate Management Schools. Hence, he is not entitled for benefits under G.O.(Ms) No.202 of School Education Department, dated 24.09.2008.

4. The issue involved in the writ petition is no longer res integra. Though earlier there are various judgments extending the benefits to the middle School Headmaster/ Teachers worked and transferred as Secondary Grade Teachers without differentiating whether they have worked in the aided Minority or Non Minority Schools or the Government Schools. The judgment of the Hon'ble Division Bench of this Court in W.A.No.74 of 2014, (The State of Tamil Nadu Represented by its Secretary to Government and four others Vs.S.Augustine) dated 28.06.2018, has taken a view that G.O.(Ms) No. 202, School Education Department, dated 24.09.2008 would be inapplicable to any School/ Panchayat Union Schools. This has been followed by another judgment of the Division Bench of this Court in W.A(MD) No. 1436 of 2014, (The Secretary to Government, School Education Department and two others Vs. S.Manimuthu Samuel and another) dated 19.09.2023 wherein it is held that G.O.(Ms) No.202 is not applicable to the Government Aided Minority Schools.

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5. Admittedly, the petitioner served in the Minority Aided School and in view of the Division Bench Judgments, the relief claimed based on the Government Order in G.O.Ms.No.202 School Education G.2 Department dated 24.09.2008 could not be extended to the Headmaster who served in the Non-Minority School and there are no merits in this Writ Petition. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed. 14.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Secretary to Government, School Education Department, Ft.George, Chennai -9.

2. The Director of Elementary Education, Chennai.

3. The District Educational Officer, Sivagangai District.

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K.RAJASEKAR,J.

ebsi W.P(MD)No.6501 of 2019 14.08.2025 5/5