Madras High CourtWA(MD)/1268/2024disposed of

The State Of Tamilnadu v. M.Thirumugam Thiresa

2025-02-17Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025

CORAM

THE HONOURABLE Mrs.JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE S.SRIMATHY and C.M.P.(MD).No.9784 of 2024 1.The State of Tamilnadu Rep. by its Secretary to Government School Education Department Secretariat Chennai 2.The Director of School Education O/o.The Director of School Education DPI Campus, College Road, Chennai 6 3.The Chief Educational Officer, O/o.The Chief Educational Officer, 4.The District Educational Officer, O/o.The District Educational Officer, Vedachandur ... Appellants/Respondents Vs.

1.M.Thirumugam Thiresa Respondent/Writ Petitioner

2.The Secretary Loyala Higher Secondary School Hanumantharayankottai Respondent/Writ Petitioner PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, against the order dated 05.07.2022 passed in W.P.(MD).No.25137 of 2019. For Appellants : Mr.J.Ashok Additional Government Pleader For Respondents : Mr.Rajasekar for R1 Mr.T.Aswin Rajasimman for R2

JUDGMENT

J.NISHA BANU, J.

AND S.SRIMATHY, J.

The present Writ Appeal has been filed challenging the order of the writ court dated 05.07.2022 in W.P.(MD).No.25137 of 2019.

2. The only ground that has been raised by the appellants is that the learned Single Judge had held that the writ petitioner is entitled to old pension scheme from the date of appointment as Secondary Grade Assistant, ie., with effect from 01.06.1997. However, it is their apprehension that there is no

clarity with regard to the salary for the said period and that their case is that the writ petitioner is not entitled for any salary for the said period.

3. We have heard the learned Additional Government Pleader for the appellants and perused the materials available on record.

4. In the order passed by the learned Single Judge, it is held that the petitioner is entitled only for old pension scheme from the date of her initial appointment, ie., on 01.06.1997, which is only for pensionary benefits and not the salary for the said period. Hence, it is made clear that the writ petitioner is not entitled for any salary for the said period and she is entitled only for pensionary benefits as per the old pension scheme. Accordingly, the appellants are directed to disburse the pensionary benefits within a period of twelve weeks from the date of receipt of a copy of the judgment.

5. With the aforesaid clarification, the writ appeal stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed. (J.N.B.,J.) (S.S.Y.,J.) 14.02.2025 NCC : Yes/No Index : Yes/No RR

To 1.The Secretary to Government School Education Department Secretariat Chennai 2.The Director of School Education O/o.The Director of School Education DPI Campus, College Road, Chennai 6 3.The Chief Educational Officer, O/o.The Chief Educational Officer, 4.The District Educational Officer, O/o.The District Educational Officer, Vedachandur

J.NISHA BANU,J.

and S.SRIMATHY,J.

RR 17.02.2025