← Library
Madras High CourtWP(MD)/929/2022dismissed

Kannan v. The District Educational Officer

2025-09-18Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Kannan ... Petitioner -vs1.The District Educational Officer Office of the District Educational Officer Palani, Dindigul District 2.The Block Educational Officer Office of the Block Educational Officer Oddanchatram-624 619 Dindigul District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining the impugned order in Na.Ka.No.97/A1/2021 dated 15.02.2021 passed by the 2nd respondent and quash the same consequently to direct the respondents to give the benefit of personal pay to the petitioner at Rs.750/- notionally with effect from 01.01.2006 as per G.O.Ms.No.23, Finance (Pay Cell) Department, dated

12.01.2011 till the date of promotion that is upto 20.05.2010 and thereafter the same is directed to be merged with the basic pay while fixing the pay in the promoted post.

For Petitioner :

Mr.K.Elangovan For Respondents :

Mr.S.Shaji Bino Special Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order dated 15.02.2021, passed by the second respondent, rejecting the petitioner's request to sanction personal pay to him at Rs.750/- notionally with effect from 01.01.2006 as per G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.01.2011 till the date of promotion i.e., upto 20.05.2010.

2. The very same Government Order was the subject matter of interpretation by the Division Bench of this Court in its Judgment, passed in REV.APLC(MD) Nos.89 and 117 of 2021 and W.A.(MD) Nos.1854 to 1859 of 2021 and C.M.P(MD)Nos.8111 to 8116, 8833 and 7836 of 2021, dated 04.02.2022, in the case of the Secretary to Government, School Education Department, Fort St.George, Chennai and others .vs. A.Chandramohan.

3. In the said Judgment, it has been made clear that G.O.Ms.No. 23, Finance (Pay Cell) Department, dated 12.01.2011 will not apply to all those employees who were promoted before the crucial date i.e., before 01.08.2010 and in the case on hand, the petitioner was promoted on 16.06.2008. Therefore G.O.Ms.No.23, Finance (Pay Cell) Department, dated 12.1.2011, will not get attracted and the petitioner is not entitled to claim special allowance as per the Judgment of the Division Bench stated supra.

4. In view of the Division Bench Judgment referred to supra, this writ petition is not maintainable. Accordingly, this writ petition is dismissed. No costs.

18.09.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Educational Officer, Office of the District Educational Officer, Palani, Dindigul District.

2.The Block Educational Officer, Office of the Block Educational Officer, Oddanchatram-624 619, Dindigul District.

ABDUL QUDDHOSE, J.

krk 18.09.2025