← Library
Madras High CourtWP(MD)/15406/2023disposed of

Santhanakrishnan .S v. The Chief Educational Officer

2025-12-15Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and WMP.(MD)No.10324 of 2024 S.Santhanakrishnan ... Petitioner Vs.

1.The Chief Educational Officer, Thanjavur, Thanjavur District.

2.The District Educational Officer, Thanjavur, Thanjavur District.

3.The Administrator, Khadir Mohideen Boys Higher Secondary School, (M.K.N. Madharasa Trust), Adiramapattinam-614 701, Thanjavur District.

4.Khadir Mohideen Boys Higher Secondary School, (M.K.N. Madharasa Trust), Rep.by its Secretary / Administrator, Adiramapattinam-614 701, Thanjavur District.

5.The Headmaster, Khadir Mohideen Boys Higher Secondary School, Adiramapattinam-614 701, Thanjavur District.

... 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 1 to 5 1/6

to sanction grant and disburse duty pay and allowances to the petitioner for the duty period from 01.07.2018 to 08.04.2019 and from 10.01.2021 to 31.05.2023 duly sanctioning eligible annual periodical increments and to pay the Pongal Ex-gratia for the years 2019, 2020, 2021, 2022 and 2023 and other service and monetary benefits on par with petitioner's colleagues, within a time limit to be fixed by this Court.

For Petitioner : Mr.A.Thirumoorthy For R1 & R2 : Mr.M.Sarangan, Additional Government Pleader.

For R3 : Mr.Mohamed Suhail, for M/S.Ajmal Associates.

ORDER

The petitioner was appointed as Waterman in Khadir Mohideen Boys Higher Secondary School, Thanjavur. He was also engaged to carry out the duties at Library in the School and for some other works. He was issued with a charge memo in the year 2018 by the fourth respondent School Administration. Challenging the same, the petitioner has filed a writ petition before this Court in WP(MD) No.17911 of 2018 and the same was allowed by this Court by setting aside the charge memo, with liberty to issue a fresh charge memo. A second charge memo was issued to this petitioner on 11.12.2018 and he was 2/6

removed from service by an order, dated 09.04.2019. However, this order of removal from service was set aside by the third respondent/the Deputy Collector/Administrator of the fourth respondent School on 09.01.2021. Thereafter, this petitioner was permitted to join the duty on 10.01.2021. 2.The petitioner has submitted a representation seeking pay and allowances for the period from 01.07.2018 to 08.04.2019 and for sanctioning of annual increment due to the petitioner for the period from 10.01.2021 to 31.05.2023 and also for Pongal Ex-gratia and has filed this writ petition seeking writ of Mandamus. Pending this writ petition, the petitioner has filed a miscellaneous petition in WMP.(MD)No.10324 of 2024 in WP.(MD)No.15406 of 2023 to amend the prayer as to sanction annual periodical increments as on 01.10.2018, 01.04.2022, 01.04.

2023 and 01.04.2024 or any other eligible dates and to pay the increments arrears and to pay pongal Ex-gratia due in January 2019; January 2022; January 2023 and January 2024 and other eligible service and monetary benefits and interest at 12% p.a. for the delay occurred in payment of pay and allowances on the last day of relevant months, within a time frame. 3.

submits that the salary due to the petitioner from 10.01.2021 to 31.01.2024 was already granted. However, with regard to the other reliefs including annual increments sought for by the petitioner, a proposal has to be made by the third respondent and only thereafter, they will consider and take a decision. 4.The learned counsel for the third respondent submits that the management is in dispute and therefore, the administration of the School has been taken over by the WAQF Board. He further submits that necessary proposal would be sent to the second respondent, within a period of two weeks from today, ie., 15.12.2025.

5.In view of the above submission made by the learned counsel appearing for the third respondent, this writ petition is disposed of with a direction to the third respondent to submit the proposal, if any, eligible for the petitioner, within a period of two weeks from today, ie., 15.12.2025 and the same should be considered by the second respondent, within a period of four weeks from the date of receiving of the proposal. No costs. Consequently, connected miscellaneous petition is closed.

15.12.2025 gns 4/6

To 1.The Chief Educational Officer, Thanjavur, Thanjavur District.

2.The District Educational Officer, Thanjavur, Thanjavur District.

3.The Administrator, Khadir Mohideen Boys Higher Secondary School, (M.K.N. Madharasa Trust), Adiramapattinam-614 701, Thanjavur District.

5/6

B.PUGALENDHI,J gns 15.12.2025 6/6