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Madras High CourtWP(MD)/21923/2025dismissed

K.Ayyappan Thampi v. The State Of Tamil Nadu

2025-08-12Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21923 of 2025 and W.M.P(MD)No.17012 of 2025 K.Ayyappan Thampi : Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary Education Department, Fort St . George, Chennai 600 009.

2. The Director of School Education, Chennai 600 006.

3. The Chief Educational Officer, Kanyakumari District, At Nagercoil, Kanyakumari District.

4. The District Educational Officer, Nagercoil, Kanyakumari District.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent pertaining to his order in Na.Ka.No. 2028/A4/2024 dated 10.02.2025 on his file, quash the same, directing the 1/6

respondents to give the petitioner all the benefits, including pay and all other emoluments, Selection Grade, Special Grade and pension as Hindi Pandit Grade I with effect from the forenoon of 01.06.1964, which is the date of his approved appointment as Hindi Pandit Grade II in the then -St Joseph's high School, Asaripallam, Kanyakumari District, with full qualification for appointment as Hindi Pandit Grade I. For Petitioner : Mr.K.N.Thampi For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the 3rd respondent in Na.Ka.No.2028/A4/2024 dated 10.02.2025 and also to direct the respondents to give the petitioner all the benefits, including pay and all other emoluments, Selection Grade, Special Grade and pension as Hindi Pandit Grade I with effect from the forenoon of 01.06.1964, which is the date of his approved appointment as Hindi Pandit Grade II in the then -St Joseph's high School, Asaripallam, Kanyakumari District, with full qualification for appointment as Hindi Pandit Grade I.

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2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as Hindi Pandit Grade II in the year 1963 and he retired from service in the year 1998. Similarly placed person was granted the post of Hindi Pandit Grade I in the year 2023. On that basis, the petitioner made a representation seeking retirement benefits on par with other persons. However, the same was rejected through the impugned order. Challenging the same, this writ petition came to be filed.

4. The learned counsel appearing for the petitioner would submit that the petitioner was appointed to the post of Hindi Pandit Grade II in the year 1963, though he was qualified to Grade I Hindi Pandit. Similarly placed person as that of the petitioner was receiving the pensionary benefits for the post of Hindi Pandit Grade I. However, the respondents, without considering the said fact, rejected the petitioner's request vide the impugned order.

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5. Per contra, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner was appointed to the post of Hindi Pandit Grade II and his appointment was approved by the authorities to the post of Hindi Pandit Grade II, and not to the post of Hindi Pandit Grade I. After a lapse of two decades, making such a claim for the post of Hindi Pandit Grade I is unsustainable one and accordingly, he prayed for dismissal of this writ petition.

6. Admittedly, the petitioner was appointed as Hindi Pandit Grade II in the year 1996 and his appointment was approved only to the said post, for which, necessary proposal was sent by the Management seeking approval of the post of Hindi Pandit Grade II, which is the sanctioned post in the said school. Now, after a lapse of two decades, the petitioner seeking such claim for the post of Hindi Pandit Grade I from the year 1966, cannot be entertained. In view of the same, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

12.08.2025 Index : Yes / No NCC : Yes / No 4/6

To:-

1. The Secretary Education Department, Fort St . George, Chennai 600 009.

2. The Director of School Education, Chennai 600 006.

3. The Chief Educational Officer, Kanyakumari District, At Nagercoil, Kanyakumari District.

4. The District Educational Officer, Nagercoil, Kanyakumari District.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.21923 of 2025 12.08.2025 6/6