J.Latha v. The State of Tamil Nadu

ORDER This writ petition is filed for the following relief: "to call for the records relating to the impugned Government letter issued by the 1st respondent in letter No.11100/Tho.Ka.1(1)/2023-1 School Education Department dated 15.12.2023, to quash the same and consequently directing the respondents to continue to pay salary to the petitioner in Page3 of 8 accordance with fixation of Selection Grade scale of pay granted for the post of Primary School Headmaster granted prior to 01.06.2009 with corresponding fixation of pay in the post of Middle School Headmaster as well as to sanction Selection Grade in the post of Middle School Headmaster. "

¶2Heard the learned counsels on both sides and perused the materials available on record.

¶3The issue involved in the present writ petition was earlier considered in a batch of writ petitions in W.P.No.12275 of 2024 dated

02.03.2026, wherein a similar relief was claimed. The learned Judge after hearing the arguments of both sides and discussing the relevant Rules and Government Orders in detail, had ultimately disposed of the writ petitions with directions. These directions are extracted herein below:

¶85In the result, all the writ petitions are disposed of with the following directions:~

i) The impugned order directing the fixation of the selection grade/special grade scale of pay at the first promotional level and 2nd promotional level is set aside to the extent that there shall be no recovery of amount, which has already been paid, from the petitioners ; Page4 of 8

ii) Insofar as the petitioners, who have retired from service is concerned, no amount shall be recovered on the basis of the impugned order from the retiral benefits/pensionary benefits of the petitioners with regard to the amount already paid;

iii) Insofar as the petitioners, who are still in service, no amount shall be recovered on the basis of the impugned order from the salary of the petitioners with regard to the amount already paid;

iv) In case any amount has already been recovered from any of the petitioners towards excess payment made in the selection grade scale, the same shall not be refunded to the petitioners and the respondents shall refix the selection grade scale of pay of the said petitioners after amendment to FR 22~B and, thereafter, upon computation, if any amount is due and payable to any of petitioners, the same shall be paid by the respondents forthwith;

v) Until FR 22~B is amended so as to include the directions given in G.O. Ms. No.63305/Pay Cell/2010~1 dated 8.11.2010, more particularly para 4 (i) of the said Government Order, no action shall be taken by the respondents to refix the scale of pay of the petitioners and similarly placed persons;

vi) Subject to amendment, if any, that may be made to FR 22~B, with reference to G.O. Ms. No.63305/Pay Cell/2020~1 dated 8.11.2020, the respondents are at liberty Page5 of 8 to revise the salary of the persons who are in service by refixing their scales of pay in the selection grade as also the pensionary benefits of the pensioners by refixing their scales of pay in selection grade in line with the amendments that may be made to FR 22~B for computing the admissible pension payable based on para 4 (i) of G.O. Ms. No.63305/Pay Cell/2010~1 dated 8.11.2010, which shall be applicable only prospectively and not retrospectively;

vii) Pursuant to the amendment, if any, made to FR 22~B, upon refixation of the scales of pay of the petitioners, and computing the revised pay that the petitioners who are in service would be entitled to and the revised monthly pension that the retired petitioners would be entitled to, it is made clear that the petitioners would also be entitled for selection grade benefit in the post of HM~MS upon completion of 10 years of service in the said post;

viii) The grant of selection grade scale of pay in the post of HM~MS shall be fixed after amendment to FR 22~B and after refixing the selection grade scale of pay of the petitioners in the erstwhile post of HM~PS and monetary benefit, if any payable, shall be computed and paid to petitioners from the date when they become eligible for such selection grade scale of pay, including arrears of pay.

ix) The Accountant General is directed to compute the pension in the scale of pay which the petitioners were drawing on the date of their retirement, if not computed in Page6 of 8 the said scale, and pay the arrears of pension on the said higher scale to the retired petitioners, if not already paid;

¶4Since the facts on which the earlier writ was disposed is similar to the case on hand it would suffice if the above order is followed and the present writ petition is disposed of in terms of the earlier order passed in W.P.No. 12275 of 2024 etc. batch dated 02.03.2026. Consequently connected miscellaneous petition stands closed. No costs. 15-06-2026 Index: Yes/No Speaking/Non-speaking order rap To

¶1The Deputy Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.

¶2The Secretary to Government, Adi Dravidar and Welfare Department, Secretariat, Fort St.George, Chennai-600 009.

¶3The Secretary to Government, Finance Department, Secretariat, Fort St.George, Chennai-600 009. Page7 of 8

¶4The Director of Adi Dravidar and Welfare, Ezhilagam, Chepauk, Chennai - 600 005.

¶5The District Adi Dravidar Welfare Officer, Thanjavur District, Thanjavur.

¶6The Special Tahsildar,(ADW) Kumbakonam, Thanjavur District.

¶7The Financial Adviser and Principal Accounts Officer, Tamil Nadu School Education, DPI Campus, College Road, Chennai – 600 006. WPoNo.o21496oofo2026 P.T.ASHA,oJ. rap WPoNo.o21496oofo2026 15-06-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and W.M.P.No.23258 of 2026 J.Latha ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Deputy Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009. 2. The State of Tamil Nadu, Rep. by its Secretary to Government, Adi Dravidar and Welfare Department, Secretariat, Fort St.George, Chennai-600 009. 3. The State of Tamil Nadu, Rep. by its Secretary to Government, Finance Department, Secretariat, Fort St.George, Chennai-600 009. 4. The Director of Adi Dravidar and Welfare, Ezhilagam, Chepauk, Chennai - 600 005. 5. The District Adi Dravidar Welfare Officer, Thanjavur District, Thanjavur. 6. The Special Tahsildar,(ADW) Kumbakonam, Thanjavur District. Page2 of 8 7. The Financial Adviser and Principal Accounts Officer, Tamil Nadu School Education, DPI Campus, College Road, Chennai – 600 006. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records relating to the impugned Government letter issued by the 1st respondent in letter No.11100/Tho.Ka.1(1)/2023-1 School Education Department dated 15.12.2023, to quash the same and consequently directing the respondents to continue to pay salary to the petitioner in accordance with fixation of Selection Grade scale of pay granted for the post of Primary School Headmaster granted prior to 01.06.2009 with corresponding fixation of pay in the post of Middle School Headmaster as well as to sanction Selection Grade in the post of Middle School Headmaster. For Petitioner(s): Mr.P.Murali For Respondent(s): Mr.K.Sathish, Government Advocate for R1 to R6 Mr.P.J.Rishikesh, Standing counsel for R7