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Madras High CourtWP(MD)/22474/2025disposed of

Pugalenthi G v. The State Of Tamil Nadu

2025-08-20Honourable Mr Justice M.Dhandapani8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) Nos.17555, 17556 & 17815 of 2025 G.Pugalenthi ... Petitioner vs.

1. The State of Tamil Nadu, Rep.By its Secretary, Department of School Education, Fort St.George, Chennai-600 009.

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

3. The Accountant General, Office of the Accountant General (A & E), 361, Anna Salai, Teynampet, Chennai-600 018.

4. The District Elementary Educational Officer, Aranthangi, Puthukottai District.

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5. The Block Educational Officer, Arimazham, Puthukottai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the third respondent Accountant General in No.E16/2/11635667/ADK/748 dated 12.06.2025, quash the same and further direct the third respondent Accountant General to sanction and disburse forthwith the petitioner's retirement benefits as per his last drawn basic pay of Rs. 98,400/- in the post of Primary Headmaster (Special Grade) with all consequential benefits by considering his pension proposal dated 21.04.2025 with admissible interest thereon.

For Petitioners : Mr.K.Ragatheesh Kumar M/s. Isaac Chambers For Respondents : Mr.S.Vinodh Government Advocate for R1 and R2 Mr.P.Gunasekaran Standing Counsel for R3

O R D E R

Aggrieved by the return of the pension proposal of the petitioner and seeking disbursement of his retirement benefits based on his last drawn basic pay of Rs.98,400/- in the post of Primary Headmaster (Special Grade) along with all 2/8

consequential benefits and admissible interest, by considering his pension proposal dated 21.04.2025, the present writ petition has been filed by the petitioner.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 4 and 5 is dispensed with.

3. The case of the petitioner is that he attained the age of superannuation on 30.06.2025 while serving as a Primary School Headmaster. Initially, he was appointed as a Secondary Grade Teacher in the year 1988 and was subsequently promoted as Primary School Headmaster in 2000. He was awarded Selection Grade Pay in the said post with effect from 05.07.2008 by the fifth respondent. On 01.06.2009, the Government issued G.O.Ms.No.234, revising the scale of pay and allowances of State Government employees and teachers, including employees of Local Bodies. The revision was given notional effect from 01.01.2006. Further Government Orders were also issued concerning 3/8

the pay scale of Primary School Headmasters with Selection Grade, including G.O.Ms.No.23 dated 12.01.2011. Upon completion of another ten years of service, the Selection Grade Primary School Headmaster was upgraded to Special Grade with effect from 05.07.2018. The petitioner retired on 30.06.2025. Thereafter, the fifth respondent, by proceedings dated 30.06.2025, considered the petitioner's eligibility and passed an order re-employing him until the last working day of the academic year 2025-2026. Accordingly, he continues to serve as Primary School Headmaster at Panchayat Union Primary School, Ethanadu. The petitioner submitted his pension proposal to the fifth respondent/Block Educational Officer on 21.04.2025, requesting that it be forwarded to the third respondent/Accountant General.

However, the third respondent, by the impugned order dated 12.06.2025, returned the proposal stating that, as per the Government letter dated 15.12.2023, the petitioner was not entitled to the Grade Pay of Rs. 5400/- upon award of Selection Grade as Primary School Headmaster, and that only the Grade Pay of Rs.4700/- was admissible in the pay band of Rs.930034800 as on 05.07.2008. Subsequently, on 02.07.2025, the petitioner submitted a representation to the third respondent, contending that the Government letter dated 15.12.2023 is not applicable to him, as he was not promoted as B.T.

Assistant or Middle School Headmaster. He further claimed he was rightly placed in the Grade Pay of Rs.5400/- as per Government letter dated 05.01.2012. As no action was taken on the representation, the petitioner has filed the present writ petition before this Court.

4. Learned counsel for the petitioner would submits that the third respondent is not the competent authority to revise the Grade Pay. Therefore, he requests this Court to forward the impugned order to the first respondent and permit the petitioner to submit a representation to the first respondent for clarification. He further prays that this Court issue appropriate directions to the first respondent to pass orders, thereby enabling the third respondent to finalize the petitioner's pension proposal .

5. The learned Government Advocate as well as the learned Standing Counsel appearing for the respondents raise no serious objection.

6. Heard the learned counsel for the parties and perused the materials available on record.

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7. In the light of the submissions made and taking note of the fact that the petitioner has already attained the age of superannuation and further, since the third respondent is not the competent authority to decide on the applicability of the Government orders or to revise the grade pay, this Court is of the considered view that the matter requires appropriate consideration by the first respondent. Accordingly, the impugned order dated 12.06.2025 passed by the third respondent is hereby forwarded to the first respondent herein. The petitioner is permitted to submit a fresh representation along with all supporting documents, including a copy of this order, within a period of one week from the date of receipt of a copy of this order.

On receipt of such representation, the first respondent is directed to consider the petitioner's claim, clarify the applicability of the relevant Government Orders, and pass appropriate orders on the petitioner's eligibility for Grade Pay, within a further period of six weeks thereafter. Based on the decision of the first respondent, the third respondent/Accountant General shall process and finalize the petitioner's pension proposal in accordance with law, as expeditiously as possible.

8. With the above directions, the writ petition stands disposed of. 6/8

There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

20.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

1. The State of Tamil Nadu, Rep.By its Secretary, Department of School Education, Fort St.George, Chennai-600 009.

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

3. The Accountant General, Office of the Accountant General (A & E), 361, Anna Salai, Teynampet, Chennai-600 018.

4. The District Elementary Educational Officer, Aranthangi, Puthukottai District.

5. The Block Educational Officer, Arimazham, Puthukottai District.

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M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 20.08.2025 8/8