Venkatachalapathy R v. State of Tamil Nadu, Represented By,

ORDER Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1, 2, 4 and 5.

¶2With consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

¶3The petitioner herein was initially appointed as Grade–II Warder in Tamil Nadu Prison Departmen on 18.10.1983. Thereafter, he was upgraded to the post of Grade-I Warder and finally retired from service on 29.10.2016 voluntarily. Thereafter, the petitioner came to know that one Mr.P.Pitchaimani, who was promoted to the post of Deputy Jailor much later than the petitioner, has been drawing higher salary at the rate of Rs.50,400/- while the petitioner was drawing Rs.46,100/- due to an error in fixation of pay under 6th Pay Commission and the petitioner claims to have made a claim for upgrading his pay on par with the said Pitchaimani. It is further case of the petitioner that the said request made by the petitioner was also considered by the fifth respondent and appropriate proposal to fix the pay of the petitioner has already been submitted to the second respondent vide Letter No.12442/Po.3/2018 dated 20.11.2024. The said proposal is still pending for consideration before the second respondent. It is the further case of the petitioner that similarly situated persons were also extended the same benefit as that granted to the said Pitchaimani and appropriate orders were also issued in G.O. (4D) No. 09, dated 30.01.2026.

¶4In the light of the fact that the said proposal is still pending before the second respondent since 20.11.2024, the petitioner claims to have submitted a representation dated 21.07.2026 requesting for consideration of his case for re-fixation pursuant to the proposal submitted by the fifth respondent dated 20.11.2024. As the respondents have not taken any action on the representation, the petitioner has approached this Court by filing the present writ petition.

¶5Mr.C.Jeganathan,learned Special Government Pleader appearing for the respondents 1,2, 4 and 5 fairly submitted that the first respondent will take appropriate decision on the proposal submitted by the fifth respondent expeditiously.

¶6In the light of the above, without going into merits of the matter, this writ petition is disposed of directing the first respondent to consider the representation dated 21.07.2026 submitted by the petitioner duly taking into consideration the proposal submitted by the fifth respondent vide Letter No.12442/Po.3/2018 dated 20.11.2024 and pass appropriate orders thereon as expeditiously as possible at any rate within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

06.08.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM TO

¶1State of Tamil Nadu, Represented by the Principal Secretary, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600009.

¶2The Director General of Prisons and Correctional Services, Tamil Nadu Prison Department, No.6, Annai E.V.R.Maniammaiyar Salai, Egmore,Chennai-600 008.

¶3The Accountant General of Tamil Nadu, Office of the Accountant General, 361, Anna Salai, Teynampet, Chennai-600 018.

¶4The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus,

¶5The Superintendent of Prison, Central Prison – Madurai, MUMMINENI SUDHEER KUMAR,J CM

WP(MD) No.22413 of 2026 Date : 06/08/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/08/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR R.Venkatachalapathy ... Petitioner Vs 1. State of Tamil Nadu, Represented by the Principal Secretary, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600009. 2. The Director General of Prisons and Correctional Services, Tamil Nadu Prison Department, No.6, Annai E.V.R.Maniammaiyar Salai, Egmore,Chennai-600 008. 3. The Accountant General of Tamil Nadu, Office of the Accountant General, 361, Anna Salai, Teynampet, Chennai-600 018. 4. The Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, 5. The Superintendent of Prison, Central Prison – Madurai, ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondent no.1 to re-fix the Petitioner's scale of pay based on the proposal sent by the fifth respondent in No.12442/Po.3/2018 dated 20.11.2024 and pay the resultant arrears arising out of such re-fixation of arrears of salary, pension and other retirement benefits to the Petitioner by considering the petitioner's representation dated 21.07.2026 in accordance with law within the time stipulated by this Court. For Petitioner : Dr.R.Alagumani For R1,R2,R4 & R5 : Mr.C.Jeganathan Special Government Pleader