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The State of Tamil Nadu Vs C. Panneerselvam — Madras HC (2026) — LawSathi Research

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Madras HC
2026
The State of Tamil Nadu Vs C. PanneerselvamThe State of Tamil Nadu v. C. Panneerselvam

Allowed¶25

The State of Tamil Nadu v. C. Panneerselvam

Condonation of delay – Limitation Act, Section 5

Madras HC26 Feb 2026CMP(MD)/17394/2025

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench), order dated 26.02.2026 in C.M.P.(MD) No.17394 of 2025 in W.A.(MD) SR No.90744 of 2025, coram Dr. Justice G. Jayachandran and Mr. Justice K.K. Ramakrishnan - State of Tamil Nadu (School Education Department), Joint Director (Vocational) and Chief Educational Officer, Thanjavur v. C. Panneerselvam - condonation of 297 days' delay under Section 5 of the Limitation Act in the Department's writ appeal against the Single Judge's order dated 29.11.2024 in W.P.(MD) No.28548 of 2024 directing counting of 50% of the respondent's part-time service as Vocational Instructor for pensionary benefits; delay condoned in view of judgment dated 25.02.2026 in W.A.(MD) No.215 of 2026; petition allowed and Registry directed to number the appeal. Advocates: J. Ashok, Additional Government Pleader, for petitioners; R. Saravanan for respondent.

What did the court decide?

Delay of 297 days in filing W.A.(MD) SR No.90744 of 2025 condoned; Registry directed to number the writ appeal if the papers are otherwise in order.

Why is it important?

The issue of counting 50% of the part-time service rendered by the employee in the post of Vocational Instructor for pensionary benefits is no longer res integra, in view of this Court's judgment dated 25.02.2026 in W.A.(MD) No.215 of 2026, and the Court is therefore inclined to condone the delay. ¶21

What the court decided

AI extract

Outcome

Delay of 297 days in filing W.A.(MD) SR No.90744 of 2025 condoned; Registry directed to number the writ appeal if the papers are otherwise in order.

Issue for consideration

Whether the delay of 297 days in filing the writ appeal against the order dated 29.11.2024 in W.P.(MD) No.28548 of 2024 ought to be condoned under Section 5 of the Limitation Act.

Court's answer

The issue of counting 50% of the part-time service rendered by the employee in the post of Vocational Instructor for pensionary benefits is no longer res integra, in view of this Court's judgment dated 25.02.2026 in W.A.(MD) No.215 of 2026, and the Court is therefore inclined to condone the delay.

Ratio / Principle

The delay of 297 days in filing the writ appeal is condoned and the civil miscellaneous petition is allowed.

Key takeaways

The Registry is directed to number the writ appeal if the papers are otherwise in order.ratio¶27

Detailed headnote1 paragraphs

Condonation of delay - Limitation Act, Section 5 - 297 days' delay in the State Education Department's writ appeal (W.A.(MD) SR No.90744 of 2025) against the learned Single Judge's order dated 29.11.2024 in W.P.(MD) No.28548 of 2024, which directed that 50% of the respondent's part-time service as Vocational Instructor be counted for pensionary benefits - delay condoned, the issue being no longer res integra in view of the judgment dated 25.02.2026 of this Court in W.A.(MD) No.215 of 2026 - CMP allowed; Registry directed to number the writ appeal if papers are otherwise in order.

A

C.M.P.(MD) No.17394 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

C.M.P.(MD) No.17394 of 2025 in

W.A.(MD) SR No.90744 of 2025

1.The State of Tamil Nadu rep.by its Principal Secretary School Education Department Fort St.George, Chennai-09

2.The Joint Director (Vocational) of School Education College Road, Chennai-06

3.The Chief Educational Officer Office of the Chief Educational Officer Thanjavur District ... Petitioners -vs-

C.Panneerselvam ... Respondent

PRAYER: Petition filed under Section 5 of Limitation Act to condone the delay of 297 days in filing the above writ appeal as against the order dated 29.11.2024, passed in W.P.(MD) No.28548 of 2024.

Page 1 of 4

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

C.M.P.(MD) No.17394 of 2025

For Petitioners : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.R.Saravanan

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

This civil miscellaneous petition has been filed seeking to condone the delay of 297 days in the filing the above writ appeal.

2. The present writ appeal has been filed by the Department, however with a delay of 297 days, challenging the order passed by the learned Single Judge directing them to take into consideration 50% of the part-time service rendered by the respondent / writ petitioner as a Vocational Instructor for pensionary benefits alone.

3. The issue with regard to counting of 50% of the part-time service rendered by the employee in the post of Vocational Instructor for pensionary benefits is no more res integra , in view of the Judgment dated 25.02.2026, passed by this Court in W.A.(MD) No.215 of 2026. Therefore, we are inclined to condone the delay.

Page 2 of 4

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

C.M.P.(MD) No.17394 of 2025

4. Accordingly, this civil miscellaneous petition is allowed and the

delay of 297 days in filing the above writ appeal is condoned.

5. Registry is directed to number the writ appeal, if the papers are otherwise in order.

[G.J., J.] [K.K.R.K., J.] 26.02.2026

NCC : Yes / No Index : Yes / No Internet : Yes / No

krk

To: 1.The Principal Secretary, School Education Department, State of Tamil Nadu, Fort St.George, Chennai-09.

2.The Joint Director (Vocational) of School Education, College Road, Chennai-06.

3.The Chief Educational Officer, Office of the Chief Educational Officer, Thanjavur District.

Page 3 of 4

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

C.M.P.(MD) No.17394 of 2025

DR.G.JAYACHANDRAN, J. AND K.K.RAMAKRISHNAN, J.

krk

C.M.P.(MD) No.17394 of 2025 in W.A.(MD) SR No.90744 of 2025

26.02.2026

_____________ Page 4 of 4_

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 297 days in filing the writ appeal against the order dated 29.11.2024 in W.P.(MD) No.28548 of 2024 ought to be condoned under Section 5 of the Limitation Act.¶12
The court held
The issue of counting 50% of the part-time service rendered by the employee in the post of Vocational Instructor for pensionary benefits is no longer res integra, in view of this Court's judgment dated 25.02.2026 in W.A.(MD) No.215 of 2026, and the Court is therefore inclined to condone the delay.ratio¶21

Cases cited

Colour shows how this judgement treated each authority

AI extract

W.A.(MD) No.215 of 2026Relied on¶21

Statutes considered

1 provisions across 1 enactments

AI extract

Limitation ActSection 5¶12

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 29.11.2024 of the learned Single Judge in W.P.(MD) No.28548 of 2024 directing the Department to take into consideration 50% of the part-time service rendered by the respondent/writ petitioner as a Vocational Instructor for pensionary benefits.¶12
Learned Single Judge, Madurai Bench of Madras High Court · 29.11.2024
Prior proceeding
In W.P.(MD) No.28548 of 2024, the learned Single Judge directed the Department to take into consideration 50% of the part-time service rendered by the respondent/writ petitioner as a Vocational Instructor for pensionary benefits.¶20
Prior proceeding
The Department filed the writ appeal (W.A.(MD) SR No.90744 of 2025) with a delay of 297 days, necessitating the present CMP under Section 5 of the Limitation Act.¶19

Parties & counsel

AI extract

petitioner
The State of Tamil Nadu rep.by its Principal Secretary School Education Department Fort St.George, Chennai-09¶8
Mr.J.Ashok
petitioner
The Joint Director (Vocational) of School Education College Road, Chennai-06¶9
Mr.J.Ashok
petitioner
The Chief Educational Officer Office of the Chief Educational Officer Thanjavur District¶10
Mr.J.Ashok
respondent
C.Panneerselvam¶11
Mr.R.Saravanan

Coram

AI extract

Dr. Justice G. Jayachandranauthor¶18
Mr. Justice K.K. Ramakrishnanmember¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 26 Feb 2026 · February
Registered: 25 Oct 2025
Case no.: CMP(MD)/17394/2025
CNR: HCMD011502422025
Bench: G. Jayachandran K.k. Ramakrishnan
Disposal: ORDERED
Case type: C.M.P.(MD)

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Cite this judgement

The State of Tamil Nadu v. C. Panneerselvam, CMP(MD)/17394/2025 (MAD), decided on 26 February 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

W.A.(MD) No.215 of 2026Relied on¶21

Open Authorities

Statutes1

Limitation ActSection 5

View all statutes

Procedural history3

Order dated 29.11.2024 of the learned Single Judge in W.P.(MD) No.28548 of 2024 directing the Department to take into consideration 50% of the part-time service rendered by the respondent/writ petitioner as a Vocational Instructor for pensionary benefits.Learned Single Judge, Madurai Bench of Madras High Court · 29.11.2024
In W.P.(MD) No.28548 of 2024, the learned Single Judge directed the Department to take into consideration 50% of the part-time service rendered by the respondent/writ petitioner as a Vocational Instructor for pensionary benefits.
The Department filed the writ appeal (W.A.(MD) SR No.90744 of 2025) with a delay of 297 days, necessitating the present CMP under Section 5 of the Limitation Act.

View full history

Bench / Coram

Dr. Justice G. Jayachandran and Mr. Justice K.K. Ramakrishnan

Parties & counsel