M. Arul v. The Secretary to Government

O R D E R (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted seeking direction to the first respondent to ratify the consequent refixation of pay (as per the pay sanction accorded by the Head of Department, namely, the Registrar General, High Page No.3 of 6 Court of Madras vide his proceedings in R.O.C.No.28590/2018/C4 dated

18.02.2021) of Principal District Judge, Vellore, vide Proceedings Order in Dis. No.2925/2021 dated 16.03.2021 and the refixation of Principal District Judge, Krishnagiri Proceedings Order in Dis. No.342/2021 dated 01.04.2021 (in accordance with G.O.Ms.No.20, P & AR Department, dated 20.01.1995 of Government of Tamil Nadu) and to award suitable compensation and interest @ 18% per annum for the abnormal delayed period caused by the respondents.

2.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai – 600 018 is suo motu impleaded as fifth respondent in the present writ petition.

3.Admittedly, the petitioner was holding the post of Sheristadar and retired from service on 31.05.2022 on attaining the age of superannuation.

4.The learned Counsel appearing on behalf of the petitioner would submit that the pay of the petitioner was stepped up on par with his junior. However, the revised pay is to be ratified by the Government. Since the Government has not passed orders granting ratification, the present writ petition came to be instituted. Page No.4 of 6

5.This Court is of the considered view that in exercise of powers of judicial review, this Court cannot direct the Government to ratify the fixation done in the matter by stepping up of pay. The decisions are to be taken up by following the procedures and with the approval of the Principal Accountant General of Tamil Nadu. The correctness of the fixation made or stepping up of pay granted are to be verified in the context of Government Orders in force and accordingly, a decision has to be taken. However, this Court cannot issue a direction to the Government to ratify the pay fixation already done. Thus, it is for the petitioner to approach the competent authority for necessary action. With these observations, the writ petition stands dismissed. However, there shall be no order as to costs. [S.M.S., J.] [N.S., J.]

02.07.2026 (2/2) Index : Yes Speaking Order : Yes : Yes TK Page No.5 of 6 To

1.The Secretary to Government Home (Courts V) Department Government of Tamil Nadu Secretariat, Chennai – 600 009.

2.The Registrar General High Court of Judicature at Madras Chennai – 600 104.

3.The Principal District Judge Vellore District, Vellore. Tamil Nadu.

4.The Principal District Judge Krishnagiri District, Krishnagiri. Tamil Nadu.

5.The Principal Accountant General (A and E) AG's Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai – 600 018.

S.M.SUBRAMANIAM,eJ. AND N.SENTHILKUMAR,eJ. TK WPeNO.16945eOFe2026 e

02.07.2026 Page No.6 of 6

Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR W.P.NO.16945 OF 2026 M.Arul S/o. K.P.Margabandhu No.439, Teachers Street, Vallalar Nagar, Sumathi Flour Mill Backside, Ranipet, Tamil Nadu – 632 401. … Petitioner Vs. 1.The Secretary to Government Home (Courts V) Department Government of Tamil Nadu Secretariat, Chennai – 600 009. 2.The Registrar General High Court of Judicature at Madras Chennai – 600 104. 3.The Principal District Judge Vellore District, Vellore. Tamil Nadu. 4.The Principal District Judge Krishnagiri District, Krishnagiri. Tamil Nadu. 5.The Principal Accountant General (A and E) AG's Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai – 600 018. … Respondents Page No.2 of 6 (Respondent Nos.2 to 4 impleaded as per Order of this Court dated 02.07.2026 made in WMP No.25717 of 2026 in W.P.No.16945 of 2026) Respondent No.6 is suo motu impleaded vide Order of this Court dated 02.07.2026 in W.P.No.16945 of 2026) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to ratify the consequent refixation of pay (as per the pay sanction accorded by the Head of Department, namely, the Registrar General, High Court of Madras vide his proceedings in R.O.C.No.28590/2018/C4 dated 18.02.2021) of Principal District Judge, Vellore, vide Proceedings Order in Dis. No.2925/2021 dated 16.03.2021 and the refixation of Principal District Judge, Krishnagiri Proceedings Order in Dis. No.342/2021 dated 01.04.2021 (in accordance with G.O.Ms.No.20, P & AR Department, dated 20.01.1995 of Government of Tamil Nadu) and to award suitable compensation and interest @ 18 percent per annum for the abnormal delayed period caused by the respondent, as also to award costs. For Petitioner : Mr.V.J.Arulraj For Respondent-1 : Dr.R.Gouri Government Counsel For Respondent-5 : Mr.P.Manorajan