Madras High Court

WP/34032/2019 of K.SEETHALAKSHMI, M.A., M.Ed. Vs The Secretary on 7 October 2026

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WP No. 34032 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2026

CORAM

CNR: {HCMA012018582019}

THE HON'BLE MR.JUSTICE T. VINOD KUMAR

WP No. 34032 of 2019

and WMP No.42892 of 2026

K. Seethalakshmi, M.A., M.Ed.,

Flat D, First Floor, Plot No.10,

Old No.28, New No.4, Sri Kalyana Ganapathy Street, New Colony, Porur, Chennai-116.

..Petitioner

Vs

1. The Secretary,

Department of Education, Science and Technology,

Government of Tamil Nadu,

Fort St. George, Chennai-9.

2. The Additional Secretary,

Government of Tamil Nadu,

Fort St. George, Chennai-9.

3. The Director of School Education,

DPI Complex, College Road, Chennai-6.

..Respondent

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the 1st and 2nd respondents in relating to the impugned order passed by the 2nd respondent in Letter No.24081/paka3(2)/2018-1 dated 16.10.2018 and quash the same and further pass a suitable direction, directing the respondents herein to sanction and pay the corresponding pension amount in lieu of re-fixing the salary as per the order of this Court dated 15.6.2010 in WP No.38543 of 2006

immediately with interest till the date of payment to the petitioner that was confirmed by the order by the Hon’ble Division Bench in MP No.1 of 2014 in W.A.S.R.101078 of 2014 dated 5.3.2015.

WP No. 34032 of 2019

For Petitioner :

Mr. S. Natarajan

For Respondents :

Mr. T. Gowthaman,

Additional Advocate General,

Assisted by, Ms. P. Kalpa Reddy,

Special Government Pleader

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ORDER

Heard Mr. S.Natarajan, learned counsel for the petitioner and Mr. T.Gowthaman, learned Additional Advocate General, appearing for the respondents, along with Ms. P.Kalpa Reddy, Special Government Pleader.

2. The petitioner, by the present writ petition, had sought for issuance of writ of certiorari, calling for the records of the first and second respondents relating to the impugned order passed by the second respondent in letter dated 16.10.2018 and quash the same, and pass further orders, directing the respondents herein to sanction and pay the corresponding pension amount in view of the re-fixing salary as per the orders passed by this Court in W.P.No.38543 of 2006, dated 15.06.2010, along with interest till the date of the payment of the petitioner.

3. On behalf of the petitioner, it is contended that the order passed by this Court in W.P.No.38543 of 2006 had attained finality on account of dismissal of the writ appeal in W.A.S.R.No.101078 of 2014 vide order dated 25.03.2015 by the Division Bench of this Court and thereafter a Special Leave

WP No. 34032 of 2019

Petition filed by the State before the Hon'ble Supreme Court, in S.L.P (C). No.15784 of 2016, being dismissed. It is contended by the petitioner that the action of the respondents in issuing the impugned order is wholly illegal and arbitrary.

4. On this Court taking up the matter and finding that the challenge having been decided in favour of the petitioner by a Coordinate Bench of this Court by its order dated 15.06.2010 in W.P.No.38543 of 2006 and the said order having attained finality, the respondents are required to give effect to the said order, more particularly after SLP preferred by the State having been dismissed on 29.08.2016, the learned Additional Advocate General, who had appeared on behalf of the respondents informed this Court, though there was considerable delay on the part of respondents in implementing the order of this Court, as affirmed by the Hon'ble Supreme Court of India vide order dated 29.08.2016 in S.L.P. (C). No.15784 of 2016, the respondents have now acted upon, by issuing G.O (Ms).No.152 School Education (Pa.Ka.3(2)) Department, dated 16.09.2026, in relation to the grant of notional promotion to the petitioner herein, giving effect to the said order.

5. The learned Additional Advocate General further submitted that pursuant to the issuance of G.O.152, the respondents would settle all the dues payable to the petitioner.

WP No. 34032 of 2019

6. Today, when the matter is taken up for further hearing, the learned Additional Advocate General appearing on behalf of the respondents submitted that the respondents, have now made payment of arrears to the petitioner and also revised the pension payable to the petitioner from Rs.19,290/- to Rs.19,750/-. The learned Additional Advocate General appearing for the respondents further submitted that, on the respondents making payment due in terms of the orders of this Court, the petitioner had issued an acknowledgment receipt of receiving the monetary benefit in connection with the case pending before this Court. By submitting as above, the learned Additional Advocate General has placed before this Court a copy of the letter issued by the petitioner, affixing her signature, and date as 05.10.2026. The same is taken on record.

7. Since, the respondents have not granted the monetary benefits due to the petitioner in terms of the order dated 15.06.2010 of this Court in W.P.No.38543 of 2006, the order impugned in the present writ petition, being the order dated 16.10.2018 as passed by the second respondent, cannot be sustained. Accordingly, the impugned proceeding is set aside.

8. Since, the consequential relief sought for by the petitioner in the present writ petition having already been granted by the respondents, firstly by issuing G.O.No.152 and thereafter making necessary payments to the petitioner's account, in pursuance of the aforesaid G.O.No.152, and the

WP No. 34032 of 2019

petitioner having acknowledged the receipt of the same by issuing the letter dated 05.10.2026, this Court is of the view that the grievance of the petitioner in the present writ petition stands redressed and no further orders are necessary.

9. However, insofar as the claim of the petitioner for payment of interest on the delayed payment is concerned, it is open to the petitioner to approach the competent authority to seek redressal of her grievance, if so advised.

10. Accordingly, the Writ Petition is disposed of as noted above. No order as to costs. Consequently, the connected miscellaneous petition is also closed. 07-10-2026 Speaking/Non-speaking order Neutral Citation: Yes/No KLT To

1. The Secretary,

Government of Tamil Nadu, Fort St. George, Chennai-9.

2. The Additional Secretary, Department of Education, Science and Technology, Government of Tamil Nadu, Fort St. George, Chennai-9.

3. The Director of School Education, DPI Complex, College Road, Chennai-6.

WP No. 34032 of 2019

T.VINOD KUMAR, J. KLT WP No. 34032 of 2019 and WMP No.42892 of 2026 07-10-2026

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