Madras High Court

WA/409/2024 of THE SECRETARY TO GOVERNMENT OF TAMIL NADU Vs N. SABAPATHI on 15 September 2026

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WA No. 409 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WA No. 409 of 2024

CNR: {HCMA012115112023}

1. The Secretary To Government Of Tamil

Nadu

Education Department, Fort St.George,

Chennai 9.

2. The District Elementary Educational Officer Nagapattinam.

..Appellant(s)

Vs

1. N. Sabapathi

2. The Assistant Commissioner

of Hindu Religious and Charitable

Endowment cum Secretary to Thiru

Arjuvathamman Girls High School Office of the Hindu Religious and Charitable Endowment, Nagapattinam.

..Respondent(s)

Writ Appeal filed under Clause 15 of the Letters Patent to set aside the orders dated 12.10.2020 made in WP.No. 6490 of 2013.

For Appellant(s):

Mr.A.R.Suresh,

Special Government Pleader

For Respondent(s):

Mr.N.Alagunarayanang

Additional Government Pleader (Hr & Ce) For R2

No Appearance for R1

WA No. 409 of 2024

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JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) Despite service of notice and direction issued by this Court on 10.09.2026 to the learned Special Government Pleader to inform the learned counsel for the 1st respondent, there is no representation on behalf of the 1st respondent today. Hence, this Court proceeds to hear the matter on merits.

2. The present intra-court appeal has been instituted challenging the writ order dated 12.10.2020 passed in W.P. No. 6490 of 2013.

3. The facts in brief are that 1st respondent was appointed as Watchman in the School Education Department on 21.03.2002 and worked till 10.11.2008. He remained unauthorisedly absent from 11.11.2008 onwards. He had not turned back to duty till he attained the age of superannuation on 30.09.2011.

4. During the period of unauthorised absence, the Government had rejected approval of appointment of the services of the 1st respondent. He was ousted from service, since he had remained continuously absent from 11.11.2008 onwards. Records would show that till the date of his

WA No. 409 of 2024

superannuation, the 1st respondent remained unauthorisedly absent.

5. The 1st respondent filed W.P. No. 6490 of 2013 claiming salary for the period from 11.11.2008 to 13.09.2011. The District Educational Officer, Nagapattinam, had rejected the claim of the 1st respondent vide proceedings dated 20.07.2012. Termination order remains unchalleged. However, the rejection of approval of appointment passed by the Department was challenged. The Department has rejected the claim of the respondent for payment of salary for the period from 2008-2011. The Writ Court allowed the writ petition on the finding that the 3rd respondent namely Assistant Commissioner of Hindu Religious and Charitable Endowments Department, Secretary to Thiru. Arjuvathamman Girls High School, Nagapattinam had recommended the case of the 1st respondent. Perusal of the order impugned would show that the 1st respondent served from 21.03.2002 to 10.11.2008. Even in the recommendation, it is categorically stated that the 1st respondent remained unauthorisedly absent from 11.11.2008.

6. Admittedly, the salary for the period from 2002-2008 had already been settled in favour of the 1st respondent. However, the District Educational Officer has rejected the claim of the 1st respondent for payment of salary for the period from 2008-2011.

WA No. 409 of 2024

7. This Court is of the considered view that the facts in the present case would show that 1st respondent served from 2002-2008 and received salary for the said period. From 2008 onwards, he remained unauthorisedly absent till the date of his superannuation. Approval of his appointment was rejected by the Department. He claimed salary for the period in which he remained unauthorisedly absent. The Writ Court considered the proposal of the HR&CE Department and allowed the writ petition.

8. In the present case, the 1

st respondent remained unauthorisedly

absent and his appointment was not approved by the Department. For the period from 2002-2008, since the appointment was approved, the salary was settled. However, the 1st respondent remained unauthorisedly absent from 2008 till he attained the age of superannuation. Therefore, the principle of 'No work, No pay' would squarely applicable to this case. If an employee remained unauthorisedly absent and was subsequently terminated from service, he cannot claim salary for the period of unauthorised absence. Therefore, the finding of the Writ Court is not in consonance with principles established.

WA No. 409 of 2024

9. Accordingly, writ order impugned dated 12.10.2020 made in WP.No. 6490 of 2013 is set aside and the Writ Appeals stands allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Assistant Commissioner of Hindu Religious and Charitable Endowment cum Secretary to Thiru Arjuvathamman Girls High School Office of the Hindu Religious and Charitable Endowment, Nagapattinam.

WA No. 409 of 2024

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 409 of 2024 15-09-2026

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