M.Shahul Hameed v. The Accountant General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.25557 of 2025 M.Shahul Hameed

...Petitioner

Vs 1.The Accountant General, Office of Accountant General, 361, Annasalai, Chennai.

2.The Chief Educational Officer, Tenkasi, Tenkasi District.

3.The District Educational Officer, Tenkasi, Tenkasi District.

4.The Correspondent, Muslim Higher Secondary School, Vadakarai - 627 812, Senkottai Taluk, Tenkasi 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 relating to the impugned order of the first respondent in No.E22/2/12232931/ADK dated 21.08.2025 as illegal and quash the 1/6

same and consequently direct the respondent to pay the pension by taking the qualifying service as 29 years 09 moths 23 days and disburse arrears and all other monitory benefits within stipulated period as fixed by this court.

For Petitioner : Mr.S.Chella Pandian For R1 : M/s.S.Mahalakshmi Standing Counsel For R2 & R3 : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Writ of Certiorarified Mandamus to quash the impugned order passed by the first respondent in No.E22/2/12232931/ADK dated 21.08.2025 as illegal and consequently to direct the respondent to pay the pension by taking the qualifying service as 29 years 09 moths 23 days and disburse arrears and all other monitory benefits within stipulated period as fixed by this court. 2.In this writ petition, it is the claim of the petitioner that, under the impugned order, the first respondent had returned the proposal of the third respondent to count the service of the petitioner rendered prior to the child psychology training from the date of his initial appointment for 2/6

the purpose of calculating the benefits of selection grade and special grade.

3.The aforesaid issue is no longer res integra. The Division Bench of this Court in W.A(MD)No.249 of 2022 dated 02.04.2024 (The State of Tamil Nadu, Rep by its Secretary, Education Department Vs. Pallivasal Primary School, Rep by its Correspondent, Mudukulathur) has settled the said issue. Following the aforesaid judgment, the learned Single Judge of this Court in W.P(MD)No.4968 of 2024 had held that the first respondent therein was not right in excluding the period from the date of appointment till the certificate for child psychology training was issued for the purpose of calculating pension and set aside the same by issuing a further direction to calculate the period from the date of the appointment till the completion of the said training for calculating the pension and disburse the benefits by fixing the time frame. 4.This Court is of the view that the aforesaid judgment would squarely apply to the present facts of the case. 3/6

5.In such view of the matter, the impugned order dated 21.08.2025 is set aside and the respondents are directed to count the service of the petitioner from the date of his appointment till the date of issuance of course certificate as pensionable service and refix the pension accordingly and disburse the arrears and all other monetary benefits within a period of 12 weeks from the date of receipt of a copy of this order.

6.The writ petition stands ordered accordingly. There shall be no order as to costs.

14.10.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 4/6

To:

1.The Accountant General, Office of Accountant General, 361, Annasalai, Chennai.

2.The Chief Educational Officer, Tenkasi, Tenkasi District.

3.The District Educational Officer, Tenkasi, Tenkasi District.

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K.KUMARESH BABU , J.

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