Deliya Salath Mary.H v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2025

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE H.Deliya Salath Mary : Petitioner Vs.

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

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

3.The Chief Educational Officer, Trichy District at Trichy.

4.The District Educational Officer, Lalkugi, Trichy District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to 1/6

place the petitioner in the last drawn scale of pay in R.C. Middle School, Thondamandurai, Permbalur District ie., Rs.11,960 - 2800 in the Government High School, Kanakiyanallur, Trichy District instead of Rs.5200 - 20200 - PB I Grade Pay 2800 and subsequent all increments and monetary benefits.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.S.Shaji Bino Special Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to place the petitioner in the last drawn scale of pay in R.C.Middle School, Thondamandurai, Permbalur District, ie., Rs.11,960 - 2800 in the Government High School, Kanakiyanallur, Trichy District, instead of Rs.5200 - 20200 - PB I Grade Pay 2800 and subsequently grant all increments and monetary benefits.

2.Learned Counsel for the petitioner would submit that the petitioner is entitled for the relief as prayed for in this Writ Petition, in view of the decision rendered by the Division Bench of this Court 2/6

on 16.10.2020 in W.A.No.3868 of 2019. He would also submit that the said decision has also been upheld by the Hon'ble Supreme Court. Admittedly, prior to the filing of this Writ Petition, the petitioner's representation was not considered by the respondents. In the said representation, the very same relief was asked for. 3.

No prejudice will be caused to the respondents if the petitioner is allowed to give a fresh representation to the respondents by giving the reasons as to why the petitioner is entitled for the relief as prayed for in this Writ Petition, which includes the aforesaid decisions relied upon by the learned Counsel for the petitioner and on receipt of the said representation, a direction can be issued to the respondents to consider the same on merits and in accordance with law, after giving due consideration to the explanation submitted by the petitioner through his representation. 4.

For the foregoing reasons, this Writ Petition is disposed of, directing the petitioner to submit a fresh representation to the third respondent giving the reasons for enabling the petitioner to get the relief as prayed for in this Writ Petition, which includes placing reliance on the aforesaid decisions within a period of two [2] weeks from the date of receipt of a copy of this order.

representation, the third respondent shall consider the representation submitted by the petitioner on merits and pass final orders on merits and in accordance with law, after giving due consideration to the decisions relied upon by the petitioner within a period of twelve [12] weeks thereafter. There shall be no order as to costs.

12.11.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

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

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

3.The Chief Educational Officer, Trichy District at Trichy.

4.The District Educational Officer, Lalkugi, Trichy District.

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ABDUL QUDDHOSE.

, J.

MR 12.11.2025 6/6