S.Kalavathy Vs Government of Tamil Nadu — Madras HC (2026) — LawSathi Research

S.Kalavathy Vs Government of Tamil Nadu — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ appeal failed and was dismissed with no costs, leaving the Writ Court's rejection of W.P.No.12568 of 2017 undisturbed.

Issue for consideration

Whether the appellant/writ petitioner is entitled to calculate her past services of 23 years and 3 months as P.G. Assistant, rendered in an unaided school, as combined/qualifying service for the purpose of pension, given that she subsequently joined a Government School and retired therefrom.

Court's answer

As per settled law, service rendered in a private unaided school or self-financing institution cannot be taken as qualifying service for the purpose of pension.

Ratio / Principle

Conversely, where service has been rendered in an aided school in a sanctioned and approved post and the teacher subsequently joins a Government School, that service can be taken as qualifying service for calculation of pension.

Key takeaways

In view of that settled legal position, there was absolutely no scope for the writ petitioner to seek the prayer, and the learned Judge rightly rejected the writ petition.ratio¶32
The Division Bench does not propose to interfere with the impugned order; the writ appeal fails and is dismissed, with no costs.ratio¶32

Detailed headnote1 paragraphs

Pension — Qualifying service — Past service in unaided school. High Court of Judicature at Madras (Division Bench: R. Suresh Kumar & Shamim Ahmed JJ.; judgment delivered by R. Suresh Kumar J.), WA No. 3810 of 2025, decided 06-01-2026 under Clause XV of the Letters Patent. The appellant, a retired P.G. Assistant who first served 23 years and 3 months in an unaided school (Alagappa Matriculation Higher Secondary School) and thereafter joined and retired from a Government School, sought counting of the unaided-school period as combined/qualifying service for pension. The Division Bench reaffirmed the settled position that service in a private unaided school or self-financing institution cannot count as qualifying service for pension, whereas service in an aided school in a sanctioned and approved post, followed by joining a Government School, can so count. On that basis the Writ Court's rejection of W.P.No.12568 of 2017 (order dt. 04.03.2024, which had relied on the earlier order in W.P.(MD) No.4881 of 2015 dated 10.10.2022) was held correct; the writ appeal was dismissed with no costs.

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

Government Of Tamil Nadu

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

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

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

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.J.C.Dorairaj Additional Government Pleader

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WA No. 3810 of 2025

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.

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.

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.

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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WA No. 3810 of 2025

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

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

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

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

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

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WA No. 3810 of 2025

R.SURESH KUMAR J. AND SHAMIM AHMED J.

KST

WA No. 3810 of 2025

06-01-2026

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