K.Jayanthimala v. The Principal Accountant General (Accounts And Entitlement
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos.21143 & 21144 of 2026 K.Jayanthimala S/o. Kannabiran, No.3, 9th Street, Bhavani Nagar, Dharapadavedu, Vellore -632 007 ..Petitioner(s) Vs
1. The Principal Accountant General (Accounts And Entitlements) No.361, Anna Salai, Teynampet, Chennai -600 018
2. The Chief Educational Officer O/o the Chief Educational Office, 4th Floor, B Block, District Collectorate Campus, Ranipet, -632 403
3. The District Educational Officials, O/o the District Educational Office, 4th Floor, B Block, District Collectorate Campus, Ranipet, -632 403
4. The Headmaster Government High School, Sipcot, Ranipet District, Ranipet-632 403 ..Respondent(s)
This writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records of the proceedings of the 4th Respondent having Ref. No.Na.Ka.No.16/2026 dated 27.02.2026 and quash the same and consequently direct the Respondents to allow the grade pay already sanctioned for Junior Assistant as 975-25-1150-30-1660 in 1990 as per 5th Pay Commission Selection grade on 08.06.2000 and my salary was revised as per 6th pay commission as per G.O.Ms.No.234 Finance (pay cell) Department, dated 01.06.2009 with subsequent revision of pay with grade pay Rs.4200/- by granting all consequential benefits including pension and arrears. For Petitioner(s):
Mrs. C.Uma For Respondent(s):
Mr. P.Manorajan, Standing Counsel, for R1 Mr. A.R.Balaji, Government Advocate,
ORDER
The writ petition has been filed for the following relief : " to call for the records of the proceedings of the 4th Respondent having Ref. No.Na.Ka.No.16/2026 dated 27.02.2026 and quash the same and consequently direct the Respondents to allow the grade pay already sanctioned for Junior Assistant as 975-25-1150-301660 in 1990 as per 5th Pay Commission Selection grade on 08.06.2000 and my salary was revised as per 6th pay commission as
per G.O.Ms.No.234 Finance (pay cell) Department, dated 01.06.2009 with subsequent revision of pay with grade pay Rs.4200 by granting all consequential benefits including pension and arrears"
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 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:
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 petitions are closed. 12-06-2026 Index: Yes/No Speaking/Non-speaking order MRP
To
1. The Principal Accountant General (accounts And Entitlement No.361, Anna Salai, Teynampet, Chennai -600 018
2. The chief Educational Officer O/o the Chief Educational Office, 4th Floor, B Block, District Collectorate Campus, Ranipet, -632 403
3. The District Educational Officials, O/o the District Educational Office, 4th Floor, B Block, District Collectorate Campus, Ranipet, -632 403
4. The Headmaster Government High School, Sipcot, Ranipet District, Ranipet-632 403
P.T.ASHA, J.
MRP 12-06-2026