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Madras High CourtWP(MD)/6035/2021dismissed

Sivakumar.A v. The Dist.Educational Officer

2025-10-25Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2025

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE A.Sivakumar : Petitioner Vs.

1.The District Educational Officer, Uthamapalayam, Theni District.

2.The Block Development Officer, Chinnamanoor, Theni District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent in his proceedings in Na.Ka.No.666/A2/2020 dated 04.03.2021 and quash the same and direct the respondents to sanction the personal pay of Rs.750/- to the petitioner notionally with effect from 01.01.2006 and monetary benefits with effect from 01.01.2011 as per G.O.Ms.No.23, Finance (Pay Cell) Department dated 12.01.2011. 1/5

For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.S.Shaji Bino, Special Government Pleader

O R D E R

In this Writ Petition, the petitioner relies upon G.O.Ms.No. 23, Finance (Pay Cell) Department dated 12.01.2011. Under the impugned order dated 04.03.2021, the request of the petitioner has been rejected since G.O.Ms.No.23, Finance (Pay Cell) Department dated 12.01.2011, does not apply to the case of the petitioner. 2.The Division Bench of this Court in its judgment dated 04.02.2022 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, in the case of the Secretary to Government, School Education Department, Fort St. George, Chennai and others Vs. A.Chandramohan, had interpreted G.O.Ms.No.23 dated 12.01.2011. The Division Bench in the aforesaid judgment made it clear that the said G.O. will not apply to all those employees who were promoted before the crucial date ie., before 01.08.2010. In the case on hand, the petitioner was 2/5

promoted on 02.06.2010 and therefore, G.O.Ms.No.23, will not apply to the case of the petitioner and therefore, he is not entitled to claim special allowance.

3.In view of the same, this Court is of the considered view that there is no infirmity in the impugned proceedings and therefore, there is no merit in this Writ Petition.

4.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

25.10.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/5

To 1.The District Educational Officer, Uthamapalayam, Theni District.

2.The Block Development Officer, Chinnamanoor, Theni District.

4/5

ABDUL QUDDHOSE.

, J.

MR 25.10.2025 5/5