S.Kalavathy vs Government Of Tamil Nadu
2026 Latest Caselaw 45 Mad

Madras High Court

S.Kalavathy vs Government Of Tamil Nadu on 6 January, 2026

Author: R.Suresh Kumar

Bench: R. Suresh Kumar

WA No. 3810 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-01-2026 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED WA No. 3810 of 2025

S.Kalavathy, D/o. S. Subramaniam, P.G. Assistant (Retired), Plot No.62, Jayanagar Street, Noombal, Sivam Nagar, Ayyappan Thangal, Chennai - 077.

..Appellant Vs

1. Government Of Tamil Nadu Rep. by the Principal Secretary to Government, School Education Department, Secretariat, Chennai – 009.

2. The Director Of School Education College Road, Chennai – 006.

3. The Joint Director Of School Education College Road, Chennai – 006.

4. The Principal/Correspondent Alagappa Matriculation Higher Secondary School, Purasaiwakkam, Chennai - 084.

..Respondents

Prayer : Writ Appeal under Clause XV of the Letters Patent to allow this WA, set aside the order dt.04.03.2024 in WP No.12568/2017.

For Appellant : Mr.J.Muthukumaran

For Respondents : Mr.S.Yashwanth, Additional Government Pleader

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 04:36:09 pm )

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.)

This writ appeal has been preferred against the order passed by the learned

Writ Court dated 04.03.2024 made in W.P.No.12568 of 2017.

2. The issue raised before the Writ Court was as to whether the appellant /

writ petitioner is entitled to calculate her past services of 23 years and 3 months as

P.G.Assistant, which she has rendered in an unaided school as combined service for

the purpose of pension, as she subsequently got into service in a Government

School and retired.

3. The learned Judge, having considered the earlier order passed in this

regard in W.P.(MD) No.4881 of 2015 dated 10.10.2022, has rejected the writ

petition through the impugned order. Aggrieved by the same, the present writ

appeal is filed.

4. If at all the service had been rendered in a private unaided school or self

financing institution, no doubt as per the settled law such a service cannot be taken

as qualifying service for the purpose of pension. But at the same time, if the

service had been rendered in an aided school, where the post is sanctioned and

approved and the teacher who had been working there subsequently joins

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Government School, such a service can be taken as qualifying service for calculation

of pension.

5. In view of the said settled legal position, absolutely there was no scope for

the writ petitioner to seek for such a prayer and therefore it was rightly rejected by

the learned Judge. We do not propose to interfere with the same. Hence, the writ

appeal fails and the same is dismissed. No costs.

                                                                                     (R.S.K.,J.)    (S.S.A.,J.)
                                                                                           06-01-2026
                Index: Yes/No
                Speaking/Non-speaking order
                Neutral Citation: Yes/No

                KST

                To

1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai – 009.

2. The Director Of School Education, College Road, Chennai – 006.

3. The Joint Director Of School Education College Road, Chennai – 006.

4. The Principal / Correspondent Alagappa Matriculation Higher Secondary School, Purasaiwakkam, Chennai - 084.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 04:36:09 pm )

R.SURESH KUMAR J.

AND SHAMIM AHMED J.

KST

06-01-2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 04:36:09 pm )