Madras High Court
Venkatesan (Died) vs The Secretary To Government on 19 September, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD) Nos.7164 & 7170 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) Nos.7164 & 7170 of 2021
W.P.(MD) No.7164 of 2021:
Venkatesan (Died) ... Petitioner
Padmavashini
[Petitioner is substituted vide court
order dated 13.08.2024 in W.M.P.
(MD) No.14447 of 2024]
-vs-
1.The Secretary to Government
School Education Department
Secretariat, Chennai-600 009
2.The Director of Elementary
Education
D.P.I.Complex, College Road
Chennai-600 006
3.The District Educational Officer
O/o.The District Educational Officer
Virudhunagar District ... Respondents
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W.P.(MD) Nos.7164 & 7170 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the respondents herein to implement the order
of the Hon'ble Division Bench made in W.P.(MD) No.4918 of 2010, dated
27.07.2015, directing the respondents to extend the benefit of Government
Orders in G.O.Ms.No.210, School Education Department, dated 14.08.2009 to
the petitioner.
(Prayer amended vide court order dated 13.08.2024 in W.M.P.(MD).14357 of
2024)
For Petitioner : Mr.K.Appadurai
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
W.P.(MD) No.7170 of 2021:
J.Vadivelu ... Petitioner
-vs-
1.The Secretary to Government
School Education Department
Secretariat, Chennai-600 009
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W.P.(MD) Nos.7164 & 7170 of 2021
2.The Director of Elementary
Education
D.P.I.Complex
College Road
Chennai-600 006
3.The Chief Educational Officer
Ramanathapuram District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the respondents to implement the order of the
Honourable Division Bench made in W.P.(MD) No.11723 of 2010, dated
07.01.2015 directing the respondents to extend the benefit of Government
Order in G.O.Ms.No.210, School Education Department dated 14.08.2009 to
the petitioner.
(Prayer amended vide court order dated 09.09.2025 in W.M.P.(MD).14438 of
2024)
For Petitioner : Mr.K.Appadurai
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
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W.P.(MD) Nos.7164 & 7170 of 2021
C O M M ON ORDER
Writ petition in W.P.(MD) No.7164 of 2021 has been filed for a
mandamus seeking for a direction to the respondents to implement order of
the Division Bench, dated 27.07.2015, passed in W.P.(MD) No.4918 of 2010,
directing the respondents to extend the benefit of the Government Order in
G.O.Ms.No.210, School Education Department, dated 14.08.2009, to the
petitioner.
2. Writ petition in W.P.(MD) No.7170 of 2021 has been filed for a
mandamus seeking for a direction to the respondents to implement order of
the Division Bench, dated 07.01.2015, passed in W.P.(MD) No.11723 of 2010,
directing the respondents to extend the benefit of the Government Order in
G.O.Ms.No.210, School Education Department, dated 14.08.2009, to the
petitioner.
3. During the pendency of the writ petition in W.P.(MD) No.7164
of 2021, the petitioner S.Venkatesan died and his wife being his legal
representative was substituted in the place of the original writ petitioner
pursuant to the orders passed by this Court.
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W.P.(MD) Nos.7164 & 7170 of 2021
4. The original petitioner in W.P.(MD) No.7164 of 2021 and the
petitioner in W.P.(MD) No.7170 of 2021 claim that as per the aforesaid
Division Bench orders, G.O.Ms.No.210, School Education Department, dated
14.08.2009, has to be applied to them by counting the number of years of
service put by them as Secondary Grade Teachers and by adding the same to
the number of years of service put by them in the promotional post as Middle
School Headmaster.
5. However, as seen from the counters filed by the respondents
before this Court, the contention of the petitioners has been denied.
6. Learned Special Government Pleader appearing for the
respondents has also placed reliance on a Division Bench Judgment, dated
31.07.2023, passed in W.P.(MD) Nos.478 to 480 of 2015, in the case of the
Director of Elementary Education and others vs. J.Sellathai and others
and would submit that grant of double benefit to a candidate in respect of
selection and special grade is impermissible under law and therefore, the
Government Order in G.O.Ms.No.210, School Education Department, dated
14.08.2009, is not applicable to the case of the petitioners.
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W.P.(MD) Nos.7164 & 7170 of 2021
7. Admittedly, the representations of the petitioners seeking the
relief prayed for in the present writ petitions were not considered by the
respondents, which necessitated them to file the present writ petitions.
8. No prejudice will be caused to the respondents, if the
petitioners are allowed to give a fresh representation seeking for the relief as
prayed for in the present writ petitions and a direction is issued to the
respondents to consider the same on merits and in accordance with law,
within a time frame to be fixed by this Court.
9. This Court is not expressing any opinion on the merits of the
representations of the petitioners. It is for the respondents to consider the
same.
10. For the foregoing reasons, this Court is directing the
petitioners to give a fresh representation to the third respondent seeking for
the relief sought for in the present writ petitions, within a period of one week
from the date of receipt of a copy of this order. On receipt of the said
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W.P.(MD) Nos.7164 & 7170 of 2021
representations, the third respondent shall pass final orders on merits and in
accordance with law, within a period of twelve weeks thereafter.
11. With the aforesaid directions, these writ petitions are disposed
of. No costs.
19.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Secretary to Government,
School Education Department,
Secretariat, Chennai-600 009.
2.The Director of Elementary
Education ,
D.P.I.Complex, College Road,
Chennai-600 006.
3.The District Educational Officer,
O/o.The District Educational Officer,
Virudhunagar District.
4.The Chief Educational Officer,
Ramanathapuram District.
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W.P.(MD) Nos.7164 & 7170 of 2021
ABDUL QUDDHOSE, J.
krk
W.P.(MD) Nos.7164 & 7170 of 2021
19.09.2025
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