Madras High Court
WA/1408/2024 of A.CHANDRASEKARAN Vs THE SECRETARY TO GOVERNMENT on 22 September 2026
WA No. 1408 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 1408 of 2024
CNR: {HCMA010624612024}
A.Chandrasekaran
..Appellant(s)
Vs
1. The Secretary To Government
Higher Education (G2) Department Fort St.
George, Chennai-09
2. The Director Of College
Education College Road, Nungambakkam,
Chennai-06
3. The Principal
Government Women Arts College
Kumbakonam
..Respondent(s)
Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order passed by the Learned Judge in W.P.No. 19442 of 2018
dated 22/09/2021
For Appellant(s):
Mr.K.Venkatramani, Senior Counsel
MR.M.Muthappan
For Respondent(s):
Mr.C.Vigneswaran
Additional Government Pleader
for R 1 to 3
WA No. 1408 of 2024
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ORDER
(Order of the Court was made by S.M.Subramaniam J.) The present Writ Appeal has been instituted to assail the Writ order dated 22.09.2021, passed in W.P. No. 19442 of 2018.
2. Appellant / Writ Petitioner was initially appointed as Office Assistant and promoted to the post of Lab Attendant, and thereafter to the post of Junior Assistant appointment by way of transfer of service. Admittedly, he had not passed the Departmental Tests, namely Account Test and District Officer’s Manual Test, within a period of 5 years as contemplated under the Service Rules. Thus, he was not sent for Bhavani Sagar Training, which is a requisite qualification for declaration of probation. However, on completion of the age of 50 years, appellant submitted an application seeking exemption from passing the Departmental Tests as per the Government Orders. Meanwhile, he attained the age of superannuation and retired from service on 31.01.2013.
3. Government passed an order granting exemption in G.O.Ms. No. 8, Higher Education (G2) Department, dated 17.01.2018, after a lapse of about 5 years from the date of retirement of the appellant.
WA No. 1408 of 2024
However, the fact remains that Rule was relaxed in favour of the appellant and exemption from passing the Departmental Tests was granted. Therefore, he is entitled for declaration of probation from the date on which he was promoted to the post of Junior Assistant along with monetary benefits.
4. It is not in dispute that he had received the salary attached to the post of Junior Assistant. However, the annual regular increments have not been granted. The Writ Court, while considering the issues, directed the authorities to settle only the pensionary benefits instead of granting annual increments from the date of his promotion as Junior Assistant.
5. Learned Additional Government Pleader has not disputed the fact that no annual increment has been granted to the appellant, since he had not passed the requisite Departmental Tests.
6. This Court is of the considered view that Government considered the case of the appellant and granted relaxation from passing the Departmental Tests after his retirement. That being so, appellant is entitled for all annual increments for which he is eligible from his date of appointment as Junior Assistant on 31.10.2005 and
WA No. 1408 of 2024
consequently, the monetary benefits and arrears of pay are to be settled along with the pensionary benefits. It is made clear that the annual increments are to be calculated from the date of his appointment as Junior Assistant and pension is also to be revised accordingly. All the eligible benefits are directed to be settled within a period of 12 weeks from the date of receipt of a copy of this order.
7. Accordingly, the writ order impugned dated 22.09.2021, passed in W.P. No. 19442 of 2018 has been modified and the writ appeal stands disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 GD To
1. The Secretary To Government Higher Education (G2) Department Fort St. George, Chennai-09
2. The Director Of College Education College Road, Nungambakkam, Chennai-06
3. The Principal Government Women Arts College Kumbakonam
WA No. 1408 of 2024
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 1408 of 2024 22-09-2026