Madalai Mary v. The State Of Tamil Nadu, Represented By Its Secretary To Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/11/2025
CORAM
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Madalai Mary, ... Petitioner Vs
1. The State of Tamil Nadu, Represented by its Secretary to Government School Education Department, St. Fort Gerorge, Chennai-9..
2. The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006..
3. The Chief Educational Officer, Nagercoil, Kanyakumari District..
4. The District Educational Officer, Marthandam, Kanyakumari District.
5. The Correspondent,, St.Joseph High School, Karunyapuram, Kanyakumari District..
... Respondents 1/6
PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records on the files of the 3rd respondent pertaining to its proceeding in Na.ka.No.2565/AA2/2024 dated 13.08.2024 and to quash the same and consequently directing the respondents to calculate the service rendered by the petitioner from 02.06.1997 to 01.06.2003 along with the service from 02.06.2003 to 31.05.2024 for the purpose of computing pensionary benefits.
For Petitioner : Mr.S.C.Herold Singh, For R1 to R4 : Mr.N.Satheesh Kumar Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the impugned order passed by the third respondent in Na.ka.No.2565/AA2/2024 dated 13.08.2024 and to quash the same and consequently directing the respondents to calculate the service rendered by the petitioner from 02.06.1997 to 01.06.2003 along with the service from 02.06.2003 to 31.05.2024 for the purpose of computing pensionary benefits.
2. In this writ petition, it is the claim of the petitioner that, under the impugned order, the third respondent had returned the proposal of the 2/6
fifth respondent to count the service of the petitioner rendered prior to the child psychology training from the date of her initial appointment for 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. 3/6
4. This Court is of the view that the aforesaid judgment would squarely apply to the present facts of the case.
5. In such view of the matter, the impugned order dated 13.08.2024 is set aside and the respondents are directed to count the service of the petitioner from the date of her 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 allowed accordingly. There shall be no order as to costs.
13.11.2025 NCC:yes/no Index:yes/no Internet:yes/no tta 4/6
TO
1. The State of Tamil Nadu, Represented by its Secretary to Government School Education Department, St. Fort Gerorge, Chennai-9..
2. The Director of Elementary Education, DPI Campus, College Road, Chennai-600 006..
3. The Chief Educational Officer, Nagercoil, Kanyakumari District..
4. The District Educational Officer, Marthandam, Kanyakumari District.
5/6
K.KUMARESH BABU,J tta
ORDER
IN WP(MD) No.29710 of 2025 Date : 13/11/2025 6/6