The State Of Tamil Nadu, v. P. Paulraj,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.A(MD)No.1718 of 2021 and C.M.P(MD)No.7323 of 2021 1.The State represented by The Principal Secretary to Government, School Education Department, Secretariat, Chennai.

2.The Director of Elementary School Education, College Road, Chennai - 600 006.

3.The District Educational Officer, Dindigul District, Dindigul.

(Now redesignated as) The District Educational Officer, District Educational Office, Vedasandur.

... Appellants / Respondents Vs.

P.Paulraj ... Respondent / Writ Petitioner 1/5

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 04.10.2019 in W.P(MD)No.2491 of 2014 and allow the Writ Appeal.

For Appellants : Mr.T.Ajmal Khan Government Advocate For Respondent : Ms.S.Devasena

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) The Government filed this writ appeal challenging the order dated 04.10.2019 allowing W.P(MD)No.2491 of 2011 filed by the respondent (Paulraj). Paulraj was appointed as Headmaster in an Elementary School (secondary grade) on 04.09.1964. He was promoted as Middle School Headmaster on 03.01.1986. He retired from service on 30.04.1999. 2.The only question that calls for consideration in this writ appeal is whether Paulraj is entitled to demand that the service put in by him as Headmaster in Elementary School should be included in his service as Middle School Headmaster for the purpose of conferring special grade. 2/5

3.It is true that in respect of similarly placed persons G.O(Ms)No. 210 Education Department dated 14.08.2009 was passed holding to be so. But we are not inclined to adopt the very same approach in this case. Conferring selection grade and special grade is only to avoid stagnation in a given post in the same scale of pay. Once it is conceded that the post of Middle School Headmaster is a promotional post carrying a higher scale of pay, the question of including the service put in the feeder post of Headmaster Elementary School will not arise at all. 4.The learned Government Advocate appearing for the appellant asserts that Paulraj had already been granted both selection grade as well as special grade in the post of Headmaster Elementary School (secondary grade).

The learned counsel appearing for the writ petitioner disputes this statement. Be that as it may, even while holding that Paulraj is not entitled to have the service rendered by him as Elementary School Headmaster included for the purpose of conferring Selection Grade or Special Grade in the post of Middle School Headmaster, we make it clear that he would nevertheless be entitled to Selection Grade on completion of 10 years of service as Elementary School Headmaster (i.e., in 1974) and Special Grade on completion of 20 years of service (i.e., in 1984).

5.If any benefit has already been given to Paulraj, it shall not be recovered. But his pension will be refixed as per the order now passed. The order passed by the learned single Judge is set aside and this Writ Appeal is allowed on these terms. An appropriate order correctly refixing the writ petitioner's pension shall be passed within a period of ten weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.K.M, J.] 27.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA 4/5

G.R.SWAMINATHAN,J.

AND R.KALAIMATHI , J.

MGA W.A(MD)No.1718 of 2021 27.01.2026 5/5