S.Kannan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-03-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA S.Kannan ..Petitioner(s) Vs
1. The State Of Tamilnadu Rep By Its Principal Secretary To Government The School Education Department, Chennai-600
2. The Director Of Elementary Education College Road, Nungambakkam, Chennai-600
3. The District Educational Officer(elementary) Villupuram, Villupuram District-605 602
4. The District Educational Officer(elementary ) Thiruvannamalai, Thiruvannamalai District-606
5. The Block Educational Officer (then Assistant Elementary Educational Officer) Kilpennathur, Thiruvannamalai, Thiruvannamalai District ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to implementing the orders passed in W.P.No.30488 of 2006 ordered on
19.6.2008 to grant secretary Grade scale of pay to petitioner for the period of service he render in the post of Higher Grade Assistant from 1.12.1967 to 25.10.1970 along with the seniority grade pay and other consequential benefits in consideration of representation submitted by the petitioner dated 27.1.2024 to respondents within a time frame to be fixed by this Honourable court alongwith the interest for the delayed payment at the rate of eighteen percentage (18percentage) For Petitioner(s):
Mr. S.Nedunchehhiyan for Mr.S.Sarath Chandran For Respondent(s):
Mrs.S.Mythereye Chandru, Spl Gp For R1 To R5
ORDER
This Writ Petition has been filed for the following reliefs:- "directing the respondents to implementing the orders passed in W.P.No.30488 of 2006 ordered on 19.6.2008 to grant secretary Grade scale of pay to petitioner for the period of service he render in the post of Higher Grade Assistant from 1.12.1967 to 25.10.1970 along with the seniority grade pay and other consequential benefits in consideration of representation submitted by the petitioner dated 27.1.2024 to respondents within a time frame to be fixed by this Honourable court alongwith the interest for the delayed payment at the rate of eighteen percentage (18 percentage)."
2. The petitioner's case is that he was initially appointed as Higher Grade Teacher on 01.12.1967 in Kilpennathur Panchayat Union School and served in the said post till 25.10.1970. Thereafter, he was promoted as Secondary Grade
Assistant and worked from 26.10.1970 to 23.06.1986 in the same institution. Subsequently, he was promoted as Elementary School Headmaster on 24.06.1986 and served till 31.05.2000. He was thereafter promoted as Middle School Headmaster from 01.06.2000 to 21.08.2003 and later as Assistant Elementary Education Officer in Villupuram District from 22.08.2003 till his retirement on 31.08.2007.
3. The petitioner would submit that at the time of his initial appointment, though he was fully qualified to be appointed as Secondary Grade Teacher, he was appointed only as Higher Grade Teacher. Similarly placed persons were later granted the benefit of pay rectification by treating their service as Higher Grade Teachers as that of Secondary Grade Teachers, along with consequential monetary and service benefits. However, such benefits were restricted by fixing a cut-off date, thereby excluding the petitioner. Aggrieved by the same, the petitioner had filed O.A. No. 3023 of 1997 before the Tamil Nadu Administrative Tribunal. Upon abolition of the Tribunal, the matter was transferred and renumbered as W.P. No. 30488 of 2006 before this Court. By order dated 19.06.2008, this Court had allowed the writ petition and directed the respondents to extend the benefit of pay rectification by treating the petitioner's service as Higher Grade Teacher as that of Secondary Grade Teacher, within a period of eight weeks.
4. The main grievance of the petitioner is that, despite the order passed in W.P. No. 30488 of 2006 having attained finality, as no appeal has been filed by the respondents, and despite making several representations seeking compliance of the said order, the same has not been implemented to date. Hence, the present Writ Petition.
5. Heard the learned counsel on either side and perused the records.
6. Considering the fact that the order passed by this Court as early as on 19.06.2008 in W.P.No.30488 of 2006 has not been complied with till date, the Writ Petition is allowed. The 3rd respondent is directed to disburse the eligible due amounts to the petitioner, together with interest at the prevailing bank rate, within a period of two months from the date of receipt of a copy of this order. No costs.
16-03-2026 Index: Yes/No Speaking/Non-speaking order SHR
To
1. The State Of Tamilnadu Rep By Its Principal Secretary To Government The School Education Department, Chennai-600
2. The Director Of Elementary Education College Road, Nungambakkam, Chennai-600
3. The District Educational Officer(elementary) Villupuram, Villupuram District-605 602
4. The District Educational Officer(elementary ) Thiruvannamalai, Thiruvannamalai District-606
5. The Block Educational Officer (then Assistant Elementary Educational Officer) Kilpennathur, Thiruvannamalai, Thiruvannamalai District
P.T.ASHA J.
SHR 16-03-2026