WA/1515/2024 of THE GOVERNMENT OF TAMIL NADU Vs T.RAMAKRISHNAN on 25 August 2026

J U D G M E N T

(Judgment of the Court was made by S.M.Subramaniam, J.) This writ appeal has been instituted challenging the order dated 02.08.2023 passed in W.P.No.15158 of 2014.

2. The Writ Court considered the claim of the respondent therein and held the order passed by the Director of Elementary Education, Chennai, dis-entitling him to avail the benefits granted by the Government in G.O.Ms.No.207, School Education Department, dated 30.09.2008, G.O.Ms.No.185 dated 16.12.2002. G.O.Ms.No.212, dated 07.08.2000 and G.O.Ms.No.238, dated 26.06.1998, as unsustainable.

3. Mr.A.R.Suresh, learned Special Government Pleader appearing on behalf of the appellants State would submit that the Writ

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Court has not considered the fact that the respondent is not eligible to avail the benefits in view of the fact that he had already availed the benefits by virtue of other Government Orders.

4. Double monetary benefits are impermissible and therefore, the order, if implemented, would result in financial loss to the State Exchequer. Further, there is a possibility of availing double benefits by few employees.

5. The doubt arose in the mind of the State in this regard in view of the fact that the learned Single Judge has set aside the order passed by the Director of Elementary Education and thereafter, directed the Director of Elementary Education to consider the claim of the petitioner in light of G.O.Ms.No.207, School Education, dated 13.09.2008 and the other Government Orders as aforesaid. After setting aside the order of rejection passed by the Director of Elementary Education, the Writ Court directed the Authorities to consider the case of the employees in the light of the Government Orders.

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6. The spirit of the order would go to say that the Government Orders are to be implemented and the benefits are to be extended as per the terms stipulated in the Government Orders. The Writ Court has not expressly held that the respondent is entitled to claim monetary benefits, particularly if he has already availed such benefits under other Government Orders. No such direction was issued by the Writ Court.

7. The Writ Court, in clear terms, directed the Director of Elementary Education to consider the claim of the respondent in light of the various Government Orders. Therefore, the Department has to ascertain the eligibility of the individual employees, whether those employees have already received the benefits or not and accordingly grant the benefits and by following due process.

8. The opinion of the Writ Court expressed is to grant benefits to the employees in accordance with the Government Orders, issued in G.O.Ms.No.207 dated 30.09.2008 and the other Government Orders referred in the Writ order. More so, the Writ Court has issued directions to consider the case of all the employees. Therefore, the Authorities are empowered to scrutinise the eligibility and take a decision on merits and in accordance with law.

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9. This being the scope of the Writ order, we do not find any reason to overturn the Writ order impugned. With the above clarifications, the writ appeal is disposed of. There shall be no order as to costs. Consequently, connected civil miscellaneous petition is closed.

[S.M.S., J.] [K.G.R., J.]

25.08.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK

W.A.NO.1515 OF 2024 25.08.2026