M.Udayakumari v. The State of Tamil Nadu

Page1 of 13 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WP NO. 26264 OF 2026,WP NO. 26271 OF 2026,WMP NO. 28664 OF 2026,WMP NO. 28665 OF 2026,WMP NO. 28666 OF 2026,WMP NO. 28676 OF 2026,WMP NO. 28677 OF 2026,WMP NO. 28678 OF 2026,WMP NO. 28692 OF 2026,WMP NO. 28693 OF 2026,WMP NO. 28694 OF 2026 M.Udayakumari ..Petitioner(s) Vs

¶1The State Of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09.

¶2The Director of Elementary Education O/o.The Director of Elementary Education, College Road,Chennai-06.

¶3The Assistant Elementary Educational Officer o/o.The Assistant Elementary Educational Office, Poondi, Thiruvallur District.

¶4the Head Master Government of High School, Palacepalayam, Thiruvallur District.

¶5The Accountant General (A and E) O/o.the Accountant General (A and E) , Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018. Page2 of 13 ..Respondent(s) WP No. 26264 of 2026 M.Sargunam ..Petitioner(s) Vs

¶1The State Of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09.

¶2The Director of Elementary Education O/o.The Director of Elementary Education, College Road,Chennai-06.

¶3The Chief Educational officer o/o.Chief Educational office, Ramanathapuram.

¶4the Head Master Government Higher Secondary School, Ramanathapuram-623 516

¶5The Accountant General (A and E) O/o.the Accountant General (A and E) , Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018. ..Respondent(s) WP No. 26271 of 2026 R.Jayanthi ..Petitioner(s) Vs

¶1The State Of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09.

¶2The Director of Elementary Education O/o.The Director of Elementary Education, Page3 of 13 College Road,Chennai-06.

¶3The District Educational officer(Elementary) o/o,The District Educational office, Tindivanam, Villupuram District.

¶4the Head Master Government Higher Secondary School, Avvayarkuppam, Tindivanam Taluk, Villupuram District-604 302

¶5The Accountant General (A and E) O/o.the Accountant General (A and E) , Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018. ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the entire records of the 4th respondent in impugned proceedings having Reference Na.Ka. No.50/2025 Dt.26.08.2025 refixing Petitioners Payscale from PB 15600 - 39100 plus 5400 GP reducing it to the pay scale of PB 9300-34800 plus 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 18.02.2009 and to quash the same as arbitrary and consequently direct the 2 to 5 respondents to refix the petitioners pension payscale effecting the payfixation order of the 4th respondent vide Reference No.Na.Ka. No.50/2025 dt.26.08.2025 and to release the withheld recovery amount of Rs.18,52,553/- along with arrears if any together with interest @ 12 percent per annum till the date of payment WP No. 26264 of 2026 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the entire Page4 of 13 records of the 4th respondent in impugned proceedings Ref. Na.Ka. No.03/2026 Dt.12.02.2026 and Na.Ka. No.03/2026 dt.21.03.2026 refixing Petitioners Payscale from PB 15600 - 39100 plus 5400 GP reducing it to the pay scale of PB 9300-34800 plus 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated

15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 05.10.2006 and to quash the same as arbitrary and consequently direct the 2 to 5 respondents to refix the petitioners pension payscale effecting the payfixation order of the 4th respondent vide Reference Ref.Na.Ka. No.03/2026 Dt.12.02.2026 and Na.Ka. No.03/2026 dt.21.03.2026 and to release the withheld DCRG amount of Rs.17,89,349/- towards the order recovery along with arrears if any together with interest @ 12 percent per annum till the date of payment WP No. 26271 of 2026 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the entire records of the 4th respondent in proceedings having Ref. Na.Ka. No. /2025 Dt.29.05.2025 refixing the pay scale of the petitioners pay from PB 15600 - 39100 plus 5400 GP granted to the petitioner from 01.06.2008 reducing to the pay scale of PB 9300-34800 plus 4600 grade pay as per the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated

15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 01.06.2008 and to quash the same as arbitrary and consequently direct the respondents to refix the pension the petitioners payscale as per the petitioners last drawn pay scale as on 31.03.2025 i.e. date of retirement and release the withheld / recovery DCRG amount Rs.20,43,528/- in view of the 4th respondent proceeding in Ref. Na.Ka. No. /2025 Dt.29.05.2025 along with arrears if any together with interest @ 12 percent per annum till the date of payment. Page5 of 13 For Petitioner(s): M/s.K.Chandra ( In all WPs) For Respondent(s): Mr.K.Sathish, GA for R.1 to R.4 ( In all WPs) Mr.S.Mahesh for Mr.V.Vijay Shankar, Standing Counsel for R.5 ( In all WPs) COMMON ORDER WP.No.26260 of 2026 has been filed for the following reliefs;- "Calling for the entire records of the 4th respondent in impugned proceedings having Reference Na.Ka. No.50/2025 Dt.26.08.2025 refixing Petitioners Payscale from PB 15600 - 39100 plus 5400 GP reducing it to the pay scale of PB 9300-34800 plus 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 18.02.2009 and to quash the same as arbitrary and consequently direct the 2 to 5 respondents to refix the petitioners pension payscale effecting the payfixation order of the 4th respondent vide Reference No.Na.Ka. No.50/2025 dt.26.08.2025 and to release the withheld recovery amount of Rs.18,52,553/- along with arrears if any together with interest @ 12 percent per annum till the date of payment."

¶2WP.No.26264 of 2026 has been filed for the following reliefs;- "Calling for the entire records of the 4th respondent in impugned proceedings Ref. Na.Ka. No.03/2026 Dt.12.02.2026 and Na.Ka. No.03/2026 Page6 of 13 dt.21.03.2026 refixing Petitioners Payscale from PB 15600 - 39100 plus 5400 GP reducing it to the pay scale of PB 9300-34800 plus 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 05.10.2006 and to quash the same as arbitrary and consequently direct the 2 to 5 respondents to refix the petitioners pension payscale effecting the payfixation order of the 4th respondent vide Reference Ref.Na.Ka. No.03/2026 Dt.12.02.2026 and Na.Ka. No.03/2026 dt.21.03.2026 and to release the withheld DCRG amount of Rs.17,89,349/- towards the order recovery along with arrears if any together with interest @ 12 percent per annum till the date of payment."

¶3WP.No.26271 of 2026 has been filed for the following reliefs;- "Calling for the entire records of the 4th respondent in proceedings having Ref. Na.Ka. No. /2025 Dt.29.05.2025 refixing the pay scale of the petitioners pay from PB 15600 - 39100 plus 5400 GP granted to the petitioner from 01.06.2008 reducing to the pay scale of PB 9300-34800 plus 4600 grade pay as per the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 01.06.2008 and to quash the same as arbitrary and consequently direct the respondents to refix the pension the petitioners payscale as per the petitioners last drawn pay scale as on

31.03.2025 i.e. date of retirement and release the withheld / recovery DCRG Page7 of 13 amount Rs.20,43,528/- in view of the 4th respondent proceeding in Ref. Na.Ka. No. /2025 Dt.29.05.2025 along with arrears if any together with interest @ 12 percent per annum till the date of payment."

¶4Heard the learned counsels on both sides and perused the materials available on record.

¶5The 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 ;

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 Page8 of 13 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 be not 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 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 Page9 of 13 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 the said scale, and pay the arrears of pension on the said higher scale to the retired petitioners, if not already paid;

¶6Since the facts on which the earlier writ were disposed of, it will suffice if the directions in the above order is followed. Accordingly, the present Page10 of 13 writ petitions are disposed of in terms of the earlier order passed in W.P.No.12275 of 2024 etc batch dated 02.03.2026. No costs. Consequently, connected miscellaneous petitions are closed. 15-07-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The State Of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09.

¶2The Director of Elementary Education O/o.The Director of Elementary Education, College Road,Chennai-06.

¶3The Assistant Elementary Educational Officer o/o.The Assistant Elementary Educational Office, Poondi, Thiruvallur District.

¶4the Head Master Government of High School, Palacepalayam, Thiruvallur District.

¶5The Accountant General (A and E) O/o.the Accountant General (A and E) , Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018.

¶6The Chief Educational officer o/o.Chief Educational office, Ramanathapuram. Page11 of 13

¶7The Head Master Government Higher Secondary School, Ramanathapuram-623 516

¶8The District Educational officer(Elementary) o/o,The District Educational office, Tindivanam, Villupuram District.

¶9the Head Master Government Higher Secondary School, Avvayarkuppam, Tindivanam Taluk, Villupuram District-604 302 WPoNo.o26260oofo2026 P.T.ASHAoJ. SHR WPoNo.o26260oofo2026 AND WPoNO.o26264oOFo2026,WPoNO.o26271oOFo2026,WMPoNO.o28664oOFo 2026,WMPoNO.o28665oOFo2026,WMPoNO.o28666oOFo2026,WMPoNO.o 28676oOFo2026,WMPoNO.o28677oOFo2026,WMPoNO.o28678oOFo2026,WMPo NO.o28692oOFo2026,WMPoNO.o28693oOFo2026,WMPoNO.o28694oOFo2026 15-07-2026 Page12oofo13 Page13 of 13