The Principal Secretary To The Government v. Unicy Johnson

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A.(MD)Nos.396 and 397 of 2026 and C.M.P.(MD)Nos.3687 & 3689 of 2026 1.The Principal Secretary to the Government, Finance Department, Fort St.George, Chennai-600 009.

2.The Principal Secretary to the Government, School Education Department, Fort St.George, Chennai.

3.The Director of School Education, DPI Compound, College Road, Chennai-600 006.

4.The Joint Director (Vocational), Directorate of School Education, DPI Compound, College Road, Chennai-600 006.

...Appellants in both appeals Vs.

Unicy Johnson

...Respondent in W.A.(MD)No.

396/2026 M.Ambikapathi

...Respondent in W.A.(MD)No.

397/2026 1/4

COMMON PRAYER:- Writ Appeals - filed under Clause 15 of the Letters Patent, to set aside the order passed in W.P.(MD)Nos.14575 and 14581 of 2024 dated 04.07.2024.

In both appeals:

For Appellants : Mr.J.Ashok Additional Government Pleader For Respondent : Mr.R.Saravanan COMMON JUDGMENT (Judgment of the Court was delivered by N.SATHISH KUMAR, J.) The instant writ appeals are filed challenging the orders passed by the learned Single Judge directing the appellants to fix the pay of the writ petitioners/respondents strictly in accordance with the Additional Fitment Table No.15.

2.The issue raised in these writ appeals is no longer res integra in view of the judgment of this Court in W.A.(MD)Nos.468 of 2025 dated 29.08.2025. The operative portion of the said judgment is extracted hereunder for better appreciation:

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"12.We cannot approve the aforesaid order made in W.P.No.15570 of 2021. This is for more than one reason. Firstly, the learned Single Judge had failed to note that additional fitment table 15 can be applied only if it is shown that the pay band of the post in question had been elevated from one pay band to another pay band on account of implementation of the recommendations of the One Man Commission. Nowhere such a finding has been given. Secondly, according to the learned Single Judge, if Rule 4(1)(iii) is applied in its real sense, additional fitment table 15 has to be applied to the post of Vocational Instructors also. This is incorrect. There is is no logical basis for linking Rule 4(1)(iii) of Tamil Nadu Revised Scale of Pay Rules, 2009 with the additional fitment tables annexed to government letter dated 15.09.2010.

Thirdly, matters relating to pay fixation cannot be adjudicated by the Writ Courts since they have large financial implications. They are essentially policy decisions to be taken by the government." 3.In view of the above, the order of the learned Single Judge is set aside and these writ appeals are allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. [N.S.K., J.] & [M.J.R., J.] 13.03.

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

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