P.Eswaran Vs The Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

P.Eswaran Vs The Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the first respondent to consider the petitioners' representation seeking regularisation of service and pass appropriate orders on merits and in accordance with law, preferably within six weeks of receipt of a copy of the order; writ petition disposed of with this direction, no costs awarded.

Issue for consideration

Whether the first respondent ought to be directed to consider the petitioners' representation seeking regularisation of service and pass appropriate orders on merits and in accordance with law, rather than returning it for want of a Government Order.

Court's answer

When a representation is made to the authorities, the respondents are expected to consider it on its merits rather than return it for want of a Government Order (G.O.).

Ratio / Principle

The first respondent is directed to consider the petitioners' representation and pass appropriate orders on merits and in accordance with law, preferably within a period of six weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Madras High Court, K. Surender, J. — WP No. 6537 of 2018, order dated 17-11-2025. Twenty-two petitioners serving as Junior Grade Secondary Grade Teachers sought, under Article 226, a Writ of Mandamus directing the Tamil Nadu School Education authorities to regularise their service from initial appointment as Secondary Grade Teacher for seniority, selection grade and special grade scale of pay with consequential benefits and arrears. Their representation dated 29.04.2015 to the first respondent had been returned with a request to produce a Government Order supporting the claim. Holding that representations must be considered on merits rather than returned for want of a G.O., the Court directed the first respondent to consider the petitioners' representation and pass appropriate orders on merits and in accordance with law, preferably within six weeks of receipt of a copy of the order. Writ petition disposed of accordingly; no costs.

WP No. 6537 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K. SURENDER

WP No. 6537 of 2018

P.Eswaran

A.Loganathan

I.Senthil Kumar

G.S. Mekala

G.Eswari

S.Dhana Bagyam

A.S. Selvi

C.J. Sheeba Rosalin

R.Rachael Sugirtha

D.Kiruba

A.K.Malarkkodi

N.Gunasekaran

K.Balamani

K.Uma Rani

https://www.mhc.tn.gov.in/judis

WP No. 6537 of 2018

K.Shanthamani

A.Baggiammal

S.Punitha 18. S.Shenbagam 19. P.Ponmani 20. C.K.Shanthi 21. K.Kavitha 22. S.Aruchamy

Petitioner(s)

Vs

The Government of Tamilnadu rep by Secretary to Government, School Education Department, Fort St George, Chennai-009.

2.The Director of Elementary Education, College Road, Chennai-006. 3.The District Elementary Educational Officer, Erode District, Erode.

4.The Assistant Elementary Educational Officer, Bhavani Sagar Panchayat Union, Erode District.

5.The Additional Assistant Elementary Educational Officer, Bhavani Sagar Panchayat Union,

https://www.mhc.tn.gov.in/judis

WP No. 6537 of 2018

Erode District.

Respondent(s)

PRAYER

This Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Mandamus to direct the respondents to regularise the service of the petitioners from the date of initial appointment in the post of Junior Grade Secondary Grade Teachers, as Secondary Grade Teacher for the purpose of seniority, selection and special grade scale of pay and to grant consequential benefits with arrears of pay.

For Petitioner(s): M/s.R.Saseetharan

For Respondent(s): Mr.P.Raja Rajeshwari GA for R1 to R5

ORDER

The petitioners have filed this Writ Petition seeking a direction to the

respondents to regularise their service from the date of their initial appointment

as Junior Grade Secondary Grade Teachers, as Secondary Grade Teacher with all consequential benefits, including seniority, selection grade and special grade

scale of pay, along with arrears.

The learned counsel for the petitioners submits that the petitioners

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WP No. 6537 of 2018

made a representation on 29.04.2015 to the first respondent seeking

regularisation of their service. However, the representation was returned, asking the petitioners to produce as Government Order in support of their claim. It is

contended that it is for the respondents to consider the petitioner’s

representation and pass appropriate orders.

When a representation is made, the respondents are expected to

consider it on its merits rather than returning it for want of a G.O.

Therefore, this Court directs the first respondent to consider the

petitioners’ representation and pass appropriate orders on merits and in

accordance with law, preferably within a period of six weeks from the date of

receipt of copy of this order.

With the above direction, this Writ Petition is disposed of. No costs.

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WP No. 6537 of 2018

K.SURENDER, J. 17-11-2025

Jai

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

To

1.The Government of Tamilnadu rep by Secretary to Government, School Education Department, Fort St George, Chennai-009.

2.The Director of Elementary Education, College road, Chennai-006.

3.The District Elementary Educational Officer, Erode District, Erode.

4.The Assistant Elementary Educational Officer, Bhavani Sagar Panchayat Union, Erode District.

5.The Additional Assistant Elementary Educational Officer, Bhavani Sagar Panchayat Union, Erode District.

https://www.mhc.tn.gov.in/judis

WP No. 6537 of 2018

K.SURENDER, J.

jai

WP No. 6537 of 2018

17-11-2025

https://www.mhc.tn.gov.in/judis