← Library
Madras High CourtWP/6858/2026disposed of

R.Dhanalakshmi v. The State Of Tamilnadu

2026-03-03Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 7450 OF 2026 R.Dhanalakshmi W/o.R.Poomalai 59, Periyar Nagar Kulithalai Karur District -639 104.

..Petitioner(s) Vs

1. The State of Tamil Nadu Rep by its Secretary to Government School Education Department Fort St.George, Chennai-600 009

2. The State of Tamil Nadu Rep by its Secretary to Government Finance department Fort St.George, Chennai- 600 009.

3. The Director of Elementary Education O/o.The Director of Elementary Education College Road, Chennai-600 006.

4. The District Educational Officer (Elementary) O/o.The District Educational office Musiri, Trichy District.

5. The Block Education officer O/o.The Block Educational office Musiri block, Trichy District -621 211;

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the

5th respondent in proceedings having Reference No.Na.Ka.No.323/A1/2025 dated 17.11.2025 refixing the pay scale of the petitioners pay from PB 1560039100 plus 5400 grade pay granted to the petitioner from 6.10.2008 notionally to the payscale of PB 9300-34800 plus 4600 grade pay as per the letter issued by the 1st respondent having Reference letter No.11100/Ele.Ed 1(1)2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the petitioner from 1.1.2011 and to quash the same as arbitrary and consequently direct the respondents to continue to pay the grade pay of Rs.5400/- too the petitioner sanctioned vide Mu.Mu.No.366/A1/2012 dt.18.12.2013 in the payband of PB 15600-39100 plus 5400 with notional effect from 6.10.2008 and monetary effect from 1.1.2011 and pass orders. For Petitioner:

M/s.K.Chandra For Respondent:

Ms.Mythreye Chandru Special Government Pleader

ORDER

The writ petition has been filed for the following relief : " To call for the records of the 5th respondent in proceedings having Reference No.Na.Ka.No.323/A1/2025 dated 17.11.2025 refixing the pay scale of the petitioners pay from PB 15600-39100 plus 5400 grade pay granted to the petitioner from 6.10.2008 notionally to the payscale of PB 9300-34800 plus 4600 grade pay as per the letter issued by the 1st respondent having Reference letter No.11100/Ele.Ed 1(1)2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the petitioner from 1.1.2011 and to quash the same as arbitrary and consequently direct the

respondents to continue to pay the grade pay of Rs.5400/- too the petitioner sanctioned vide Mu.Mu.No.366/A1/2012 dt.18.12.2013 in the payband of PB 15600-39100 plus 5400 with notional effect from 6.10.2008 and monetary effect from 1.1.2011."

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

3. The issue involved in the present writ petition was earlier considered in a batch of writ petitions inW.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:

85. In 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 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

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;

4. Since 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

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. No costs. Consequently, connected miscellaneous petition is closed.

03-03-2026 Index: Yes/No Speaking/Non-speaking order DS To:

1. The Secretary to Government State of Tamil Nadu School Education Department Fort St.George, Chennai-600 009

2. The Secretary to Government State of Tamil Nadu Finance department, Fort St.George, Chennai- 600 009.

3. The Director of Elementary Education O/o.The Director of Elementary Education College Road, Chennai-600 006.

4. The District Educational Officer (Elementary) O/o.The District Educational office, Musiri, Trichy District.

5. The Block Education officer O/o.The Block Educational office Musiri block, Trichy District -621 211;.

P.T.ASHA J.

DS AND WMP NO. 7450 OF 2026 03-03-2026