W.P.(MD) No.13563 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2026 CORAM: THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD) No.13563 of 2025 and W.M.P.(MD) Nos.9783 & 12665 of 2025 K.Rani ... Petitioner -vs- 1.The State of Tamil Nadu rep.by its Secretary to Government School Education Department Secretariat, Chennai-600 009 2.The Director of Elementary Education O/o.the Director Elementary Education DPI Compound, College Road Chennai-6 3.The District Elementary Educational Officer O/o.The District Elementary Educational Officer Karur, Karur District 4.The Block Educational Officer O/o.The Block Educational Officer Kadavur Block, Karur District ... Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.13563 of 2025 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records relating to the impugned order passed by the fourth respondent vide his proceedings in Na.Ka.No. 850/A2/2024, dated 04.04.2025 and quash the same as illegal. For Petitioner : Mr.M.Moahmed Zamil for M/s.Ajmal Associates For Respondents : Mr.M.Dinesh Hari Sudarsan Counsel for the Government of Tamil Nadu O R D E R Heard Mr.M.Mohamed Zamil, learned counsel representing M/s.Ajmal Associates, for the petitioner and Mr.M.Dinesh Hari Sudarsan, learned counsel for the Government of Tamil Nadu, appearing for the respondents and perused the materials available on record. 2. This writ petition has been filed against the order passed by the respondent authority re-fixing the pay of the petitioner and ordering for recovery of certain amounts pursuant to re-fixation of pay in terms of the Government Orders in G.O.(Ms.) No.234, Finance (Pay Cell) Department, dated 15.07.2009 and G.O.(Ms.) No.23, Finance (Pay Cell) Department, dated 12.01.2011. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.13563 of 2025 3. Today, when the matter is taken up for consideration for admission, learned counsel on either side agree that the issue that arises for consideration in this writ petition is squarely covered by an order passed by the Coordinate Bench of the Principal Seat of this Court in W.P.No.12275 of 2024 and batch, dated 02.03.2026, in an identical fact situation. Further, in terms of the directions issued in the said order, this Court has also disposed of a batch of writ petitions vide order dated 26.03.2026 in W.P.(MD) No.30967 of 2025 and batch. 4. In the light of the above, this Court, after perusing the impugned order passed by the respondent authority, is of the considered view that this writ petition can be disposed of in the light of the directions issued in the said order dated 02.03.2026 in W.P.No.12275 of 2024 and batch. The directions issued at Paragraph No.85 of the said order read as under: ''i) The impugned order directing the fixation of the selection grade/special grade scale of pay at the first promotional level and 2nd promotional level is set aside to the extent that there shall be no recovery of amount, which has already been paid, from the petitioners; ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.13563 of 2025 ii) Insofar as the petitioners, who have retired from service is concerned, no amount shall be recovered on the basis of the impugned order from the retiral benefits/pensionary benefits of the petitioners with regard to the amount already paid; iii) Insofar as the petitioners, who are still in service, no amount shall be recovered on the basis of the impugned order from the salary of the petitioners with regard to the amount already paid; iv) In case any amount has already been recovered from any of the petitioners towards excess payment made in the selection grade scale, the same shall not be refunded to the petitioners and the respondents shall refix the selection grade scale of pay of the said petitioners after amendment to FR 22-B and, thereafter, upon computation, if any amount is due and payable to any of petitioners, the same shall be paid by the respondents forthwith; v) Until FR 22-B is amended so as to include the directions given in G.O. Ms. No.63305/Pay Cell/2010-1 dated 8.11.2010, more particularly para 4 (i) of the said Government Order, no action shall be taken by the respondents to refix the scale of pay of the petitioners and similarly placed persons; ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.13563 of 2025 vi) Subject to amendment, if any, that may be made to FR 22-B, with reference to G.O. Ms. No.63305/Pay Cell/2020-1 dated 8.11.2020, the respondents are at liberty to revise the salary of the persons who are in service by refixing their scales of pay in the selection grade as also the pensionary benefits of the pensioners by refixing their scales of pay in selection grade in line with the amendments that may be made to FR 22-B for computing the admissible pension payable based on para 4 (i) of G.O. Ms. No.63305/Pay Cell/2010-1 dated 8.11.2010, which shall be applicable only prospectively and not retrospectively; vii) Pursuant to the amendment, if any, made to FR 22- B, upon refixation of the scales of pay of the petitioners, and computing the revised pay that the petitioners who are in service would be entitled to and the revised monthly pension that the retired petitioners would be entitled to, it is made clear that the petitioners would also be entitled for selection grade benefit in the post of HM-MS upon completion of 10 years of service in the said post; viii) The grant of selection grade scale of pay in the post of HM-MS shall be fixed after amendment to FR 22- B and after refixing the selection grade scale of pay of the petitioners in the erstwhile post of HM-PS and monetary benefit, if any payable, shall be ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.13563 of 2025 computed and paid to petitioners from the date when they become eligible for such selection grade scale of pay, including arrears of pay. ix) The Accountant General is directed to compute the pension in the scale of pay which the petitioners were drawing on the date of their retirement, if not computed in the said scale, and pay the arrears of pension on the said higher scale to the retired petitioners, if not already paid''. 5. Accordingly, this writ petition is disposed of in terms of the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 14.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To: 1.The Secretary to Government, School Education Department, State of Tamil Nadu, Secretariat, Chennai-600 009. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.13563 of 2025 2.The Director of Elementary Education, O/o.the Director Elementary Education, DPI Compound, College Road, Chennai-6. 3.The District Elementary Educational Officer, O/o.The District Elementary Educational Officer, Karur, Karur District. 4.The Block Educational Officer, O/o.The Block Educational Officer, Kadavur Block, Karur District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.13563 of 2025 MUMMINENI SUDHEER KUMAR, J. krk W.P.(MD) No.13563 of 2025 and W.M.P.(MD) Nos.9783 & 12665 of 2025 14.07.2026 ____________ https://www.mhc.tn.gov.in/judis