X.Amalorpavamary v. The State of Tamilnadu

Order Challenging the impugned order dated 15.12.2023 and consequently direct the respondents to sanction pension and other terminal benefits based on the last pay drawn by them, the petitioners are before this Court.

¶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 Page10 of 16 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 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 Page11 of 16 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 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 Page12 of 16 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;

¶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 Page13 of 16 petitions are 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 petitions are closed. No costs. 09-07-2026 Index: Yes/No Speaking/Non-speaking order KAN Page14 of 16 To

¶1The State of Tamilnadu Rep. By Its Deputy Secretary To Government School Education Department, Secretariat Fort St. George Chennai 09

¶2The State of Tamilnadu Rep. By Its Secretary To Government Finance Department, Secretariat Fort St.George Chennai 09

¶3The Director of School Education Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai 06

¶4The Director of Elementary Education Perasiriyar Anbazhagan Kalvi Valagam College Road, Chennai – 600 006.

¶5The District Educational Officer (Elementary) Musiri Education District Musiri.

¶6The Block Educational Officer Pullambadi Block Trichy District

¶7The Accountant General / (A & E) Office of The Principal Accountant General, Anna Salai, Teynampet Chennai 18

¶8The District Educational Officer (Elementary) Ramanathapuram District Ramanathapuram

¶9The Block Educational Officer Mandabam @ Mandabam Camp Block Ramanathapuram District Page15 of 16

10.The Financial Adviser and Principal Accounts Officer Tamilnadu School Education DPI Campus College Road Chennai - 600 006

¶11The District Educational officer (Elementary) Vellore District Vellore

¶12The Block Educational Officer Gudiyattam Block Vellore District

¶13The District Adi Dravidar welfare officer Thanjavur District Thanjavur

¶14The Special Tahsildar(ADW) Thiruvaiyaru Thanjavur District

¶15The Financial Advisor and Principal Accounts Officer Tamilnadu School Education, DPI Campus, College Road, Chennai-600 006 Page16 of 16 P.T.ASHA J. KAN WP Nos. 25646, 25652, 25656, 25661, 25676 & 25682 of 2026 09-07-2026

Page1 of 16 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP Nos. 25646, 25652, 25656, 25661, 25676 & 25682 of 2026 & WMP Nos. 27995, 28013, 28018, 28028, 28055 & 28062 of 2026 X.Amalorpavamary ..Petitioner(s) Vs 1. The State of Tamilnadu Rep. By Its Deputy Secretary To Government School Education Department, Secretariat Fort St. George Chennai 09 2. The State of Tamilnadu Rep. By Its Secretary To Government Finance Department, Secretariat Fort St.George Chennai 09 3. The Director of School Education Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai 06 4. The Director of Elementary Education Perasiriyar Anbazhagan Kalvi Valagam College Road, Chennai – 600 006. 5. The District Educational Officer (Elementary) Musiri Education District Musiri. 6. The Block Educational Officer Pullambadi Block Trichy District Page2 of 16 7. The Accountant General / (A & E) Office of The Principal Accountant General, Anna Salai, Teynampet Chennai 18 ..Respondent(s) WP No. 25652 of 2026 S.Francismary ..Petitioner(s) Vs 1. The State of Tamilnadu Rep. by its Deputy Secretary to Government School Education Department, Secretariat Fort St.George Chennai 09 2. The State Of Tamilnadu Rep. By its Secretary to Government Finance Department, Secretariat Fort St.George Chennai 09 3. The Director of Elementary Education Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai 06 4. The District Educational Officer (Elementary) Ramanathapuram District Ramanathapuram 5. The Block Educational Officer Mandabam @ Mandabam Camp Block Ramanathapuram District 6. The Financial Adviser and Principal Accounts Officer Tamilnadu School Education DPI Campus College Road Chennai - 600 006 Page3 of 16 7. The Accountant General / (A and E) Office of The Principal Accountant General, Anna Salai Teynampet Chennai 18 ..Respondent(s) WP No. 25656 of 2026 N.Ravichandran ..Petitioner(s) Vs 1. The State of Tamilnadu Rep. by Its Deputy Secretary to Government School Education Department, Secretariat Fort St.George Chennai 09 2. The State of Tamilnadu Rep. By Its Secretary To Government Finance Department, Secretariat Fort St.George Chennai 09 3. The Director Of Elementary Education Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai 06 4. The District Educational officer (Elementary) Vellore District Vellore 5. The Block Educational Officer Gudiyattam Block Vellore District 6. The Accountant General / (A and E) Office Of the Principal Accountant General, Anna Salai Teynampet Chennai 18 ..Respondent(s) Page4 of 16 WP No. 25661 of 2026 K.Charles ..Petitioner(s) Vs 1. The State Of Tamilnadu Rep. By Its Deputy Secretary To Government School Education Department, Secretariat Fort St.George Chennai 09 2. The State of Tamilnadu Rep. By Its Secretary To Government Adi Dravidar and Welfare Department, Secretariat Fort St.George, Chennai 09 3. The State of Tamilnadu 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) Thiruvaiyaru Thanjavur District 7. The Accountant General / (A and E) Office Of The Principal Accountant General , Anna Salai Teynampet Chennai 18 ..Respondent(s) Page5 of 16 WP No. 25676 of 2026 G.Sarala ..Petitioner(s) Vs 1. The State Of Tamilnadu Rep. By Its Deputy Secretary To Government School Education Department, Secretariat Fort St.George Chennai 09 2. The State Of Tamilnadu Rep. By Its Secretary To Government Finance Department, Secretariat Fort St.George Chennai 09 3. The Director of Elementary Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai-600 006 4. The District Educational officer(Elementary) Vellore District, Vellore. 5. The Block Educational Officer Gudiyattam Block, Vellore District. 6. The Accountant General / (A and E) Office Of The Principal Accoun