← Library
Madras High CourtWP(MD)/4195/2022dismissed

Jacob.C v. The Branch Manager

2025-08-28Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice G.Arul Murugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)Nos.3594 & 3595 of 2022 C.Jacob ... Petitioner -Vs1.The Branch Officer, Office of the Accountant General (A & E), Tamil Nadu, No.361, Anna Salai, Chennai-600 018.

2.The Sessions Judge, Fast Track Mahila Court, Sivagangai, Sivagangai 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 to the impugned orders passed by the first respondent in No.AG/A&E)/PEN 1/4

PO2/10226769/2/R0226769, dated 11.02.2022 and No.PO2/10226769/2/PPO No.R0226769, dated 16.02.2022 quash the same and direct the first respondent to disburse the retirement benefits and monthly pension without any reduction. For Petitioner : No appearance For R1 : Mr.P.Gunasekaran For R2 : Mr.D.Sivaraman

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ petition has been instituted challenging the order passed by the Accountant General of Tamil Nadu restricting the Selection Grade pay to the pay applicable to the next promotional category.

2. The order impugned states that the pay fixation done by the authority is erroneous and contrary to the recommendations of the Pay Commission and the Government clarificatory letter. As per the conditions, while granting Selection Grade to an employee, the pay fixing authority should ensure that the Selection Gade pay will not be over and above the pay applicable to the next level promotional post. In such circumstances, the Selection Grade pay is to be restricted to the next level post, which is not done in the present case and resulted 2/4

in payment of excess salary to the writ petitioner. The Accountant General revised the pay in respect to the Selection Grade and Special Grade granted to the writ petitioner by restricting the Selection Grade and Special Grade to the pay scale applicable to the next promotion level post. In view of the above, this Court is of the opinion that the order of the first respondent is in consonance with the Pay Rules and the Government Clarificatory letter issued in pursuance to the Pay Rules.

3. In view of the above position, the writ petition is devoid of merits and stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S., J.) & (G.A.M., J.) 28.08.2025 NCC : Yes / No Index : Yes / No am 3/4

S.M.SUBRAMANIAM, J.

AND G.ARUL MURUGAN, J.

am 28.08.2025 4/4