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2026 DAILYLAW 45453 (MAD)

S.Kumaravel v. The Joint Director (Financial Controller)

WP/23748/2026 · 2026-06-29

P T Asha

Transfer Petitionbody2026

Judgment text

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WP No. 23748 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 23748 of 2026 S.Kumaravel W/o.E.Subbarayan, No.268/B, Therkkukadu, Attur, Salem District-636 102. ..Petitioner(s) Vs 1. The Joint Director (Financial Controller) School Education Department, DPI Campus, College Road, Chennai-600 006. 2. The Chief Educational Officer Office of Chief Education Office, Salem District. 3. The Headmaster Government Higher Secondary School, Chokkanathapuram, Salem District-636 108. ..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the Joint Director of School Education to consider the representation of the petitioner dated 16.02.2026 to step up the salary of the petitioner on par with the salary of his junior at Rs.1,09,100/- in the scale of pay of Rs.56900-180500 in accordance with law applying Rule 5(3) of the Tamil Nadu Revised Scales of Pay Rules, 2009 and Fundamental Rule 22(B)(2) and by following the decisions of this Court dated 25.04.2022 in W.P. No.573 of 2015 and W.P. No.11744 of 2023 dated 21.08.2024. https://www.mhc.tn.gov.in/judis WP No. 23748 of 2026 __________ Page2 of 5 For Petitioner(s): Mrs.Nalini Chidambaram, Senior Counsel for Mrs.C.Uma For Respondent(s): Mr.A.R.Balaji, Government Advocate ORDER The writ petition is filed for the relief set out below: "directing the Joint Director of School Education to consider the representation of the petitioner dated 16.02.2026 to step up the salary of the petitioner on par with the salary of his Junior at Rs.1,09,100/- in the scale of pay of Rs.56900/- -180500/- in accordance with law applying Rule 5(3) of the Tamil Nadu Revised Scales of Pay Rules, 2009 and Fundamental Rule 22(B)(2) and by following the decisions of this Court dated 25.04.2022 in W.P. No.573 of 2015 and W.P. No.11744 of 2023 dated 21.08.2024." 2. It is the case of the petitioner that the government had passed an order in G.O.Ms.No.710, Finance (CMPC) Department, dated 23.08.1994 in connection with the junior drawing more pay than the senior due to drawl of advance increment for higher qualification by the senior in the pre-revised scale and the junior in the revised scale and ordering rectification of anomaly. The second respondent failed to consider the facts that the candidates who have appointed through Teachers Recruitment Board, their seniority should be maintained as per the TRB Rank List for all benefits. According to the TRB https://www.mhc.tn.gov.in/judis WP No. 23748 of 2026 __________ Page3 of 5 rank list, the petitioner is senior to one N.Sathiyavathi. Therefore, the proceedings dated 24.02.2026 of the second respondent refusing to step up the salary of the petitioner to that of his junior is liable to set aside. 3. Aggrieved by the same, the petitioner made a representation dated 16.02.2026 before the first respondent to step up the salary of the petitioner on par with the salary of his junior at Rs.1,09,100/- in the scale of pay of Rs.56900- 180500 in accordance with law applying Rule 5(3) of the Tamil Nadu Revised Scales of Pay Rules, 2009 and Fundamental Rule 22(B)(2) and by following the decisions of this Court dated 25.04.2022 in W.P. No.573 of 2015 and W.P. No.11744 of 2023 dated 21.08.2024. But, there is no response till date. Therefore, the petitioner is before this Court. 4. Heard the learned counsel on either side and perused the materials available on record. 5. Considering the relief now sought for by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 16.02.2026 in terms of the earlier orders if the decision is applicable and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis WP No. 23748 of 2026 __________ Page4 of 5 Accordingly, the writ petition is disposed of. No costs. 29-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssa To 1.The Joint Director (Financial Controller) School Education Department, DPI Campus, College Road, Chennai-600 006. 2.The Chief Educational Officer Office of Chief Education Office, Salem District. 3.The Headmaster Government Higher Secondary School, Chokkanathapuram, Salem District-636 108. https://www.mhc.tn.gov.in/judis WP No. 23748 of 2026 __________ Page5 of 5 P.T.ASHA, J. ssa WP No. 23748 of 2026 29-06-2026 https://www.mhc.tn.gov.in/judis