U.Baskar, v. The Additional Chief Secretary to Government of Tamil Nadu
WP(MD)/18910/2026 · 2026-07-07
Mummineni Sudheer Kumar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 47972 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 47972 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(MD). Nos.18671 to 18673 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR WP(MD). Nos.18671 to 18773 of 2026 In WP(MD)No.18671 of 2026: K.Alagumuthu ... Petitioner Vs
1. The Secretary to Government, Adi Dravidar Welfare Department, Secretariat, Chennai - 600 009. 2. The Accountant General (A & E), 361, Anna Salai,Teynampet, Chennai - 600 018.. 3. The District Adi Dravidar Welfare Officer, Collectors Complex,Nilgiris.. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents i.e., the Secretary to Government, Adi Dravidar Welfare Department, Chennai and the Accountant General (A and E), Chennai, to take action for restoration of the petitioners pension fixation in the Selection Grade in the cadre of BT Assistant as per the original 1/9 https://www.mhc.tn.gov.in/judis
WP(MD). Nos.18671 to 18673 of 2026 proposals sent i.e. Rs.5,400/- which is also settled by the Principal High Court, Chennai in WP Nos.12275 of 2024 and batch cases dated 02.03.2026, within a specified time frame that may be fixed by this Court. In WP(MD)No.18672 of 2026: A.Santhanam ... Petitioner Vs
1. The Secretary to Government, Adi Dravidar Welfare Department, Secretariat, Chennai - 600 009. 2. The Accountant General (A & E), 361, Anna Salai,Teynampet, Chennai - 600 018.. 3. The District Adi Dravidar Welfare Officer, Collectors Complex, Madurai District. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents i.e., the Secretary to Government, Adi Dravidar Welfare Department, Chennai and the Accountant General (A and E), Chennai, to take action for restoration of the petitioner's pension fixation in the Selection Grade in the cadre of BT Assistant as per the original proposals sent i.e. Rs.5,400/- which is also settled by the Principal High Court, Chennai in WP Nos.12275 of 2024 and batch cases dated 02.03.2026, within a specified time frame that may be fixed by this Court. 2/9 https://www.mhc.tn.gov.in/judis
WP(MD). Nos.18671 to 18673 of 2026 In WP(MD)No.18673 of 2026: L.Vincent Rajan ... Petitioner Vs
1. The Secretary to Government, Adi Dravidar Welfare Department, Secretariat, Chennai - 600 009. 2. The Accountant General (A & E), 361, Anna Salai,Teynampet, Chennai - 600 018.. 3.
The District Adi Dravidar Welfare Officer, Collectors Complex, Madurai District. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents i.e., the Secretary to Government, Adi Dravidar Welfare Department, Chennai and the Accountant General (A and E), Chennai, to take action for restoration of the petitioner's pension fixation in the Selection Grade in the cadre of BT Assistant as per the original proposals sent i.e. Rs.5,400/- which is also settled by the Principal High Court, Chennai in WP Nos.12275 of 2024 and batch cases dated 02.03.2026, within a specified time frame that may be fixed by this Court. In all the writ petitions: For Petitioner : Mr.S Visvalingam
For R1 & R3 : Mr.M.Dinesh Hari Sudarsan Counsel for Government of Tamil Nadu (Civil side) For R2 : Mr.P.Gunasekaran 3/9 https://www.mhc.tn.gov.in/judis
WP(MD). Nos.18671 to 18673 of 2026
ORDER Mr.M.Dinesh Hari Sudarsan, learned Counsel for Government takes notice for the respondents 1 and 3. Mr.P.Gunasekaran, learned counsel takes notice for the third respondent.
2. With the consent of both sides, the writ petitions are disposed of at the admission stage.
3. Heard the learned counsel for the petitioners, learned Government Pleader appearing for the respondents 1 and 3 and the
learned counsel appearing for the second respondent. 4. The writ petitions have been filed against the orders passed by the respondent authorities re-fixing the pay of the petitioners 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 01.06.2009 and G.O.(Ms.) No.23, Finance (Pay Cell) Department, dated 12.01.2011. 4/9 https://www.mhc.tn.gov.in/judis
WP(MD). Nos.18671 to 18673 of 2026
5. Today, when the matters are taken up for consideration for admission, learned counsel on either side agree that the issue that arises for consideration in the writ petitions are 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 and a copy of the said order is also placed before this Court. 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. 6. In the light of the above, this Court, after perusing the impugned orders passed by the respondent authorities, is of the considered view that the writ petitions 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 second promotional level is set aside to the extent that there shall be no recovery of amount, which has already been 5/9 https://www.mhc.tn.gov.in/judis
WP(MD).
Nos.18671 to 18673 of 2026 paid, from the petitioners; 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; 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 6/9 https://www.mhc.tn.gov.in/judis
WP(MD). Nos.18671 to 18673 of 2026 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 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 7/9 https://www.mhc.tn.gov.in/judis
WP(MD). Nos.18671 to 18673 of 2026 pay the arrears of pension on the said higher scale to the retired petitioners, if not already paid''. 7. Accordingly, the writ petitions are disposed of in terms of the above directions. No costs. 03.07.2026 CM To,
1. The Secretary to Government, Adi Dravidar Welfare Department, Secretariat, Chennai - 600 009. 2. The Accountant General (A & E), 361, Anna Salai,Teynampet, Chennai - 600 018.. 3. The District Adi Dravidar Welfare Officer, Collectors Complex,Nilgiris
4. The District Adi Dravidar Welfare Officer, Collectors Complex, Madurai District. 8/9 https://www.mhc.tn.gov.in/judis
WP(MD). Nos.18671 to 18673 of 2026 MUMMINENI SUDHEER KUMAR,J CM WP(MD). Nos.18671 to 18773 of 2026 Date : 03/07/2026 9/9 https://www.mhc.tn.gov.in/judis