WP No. 25993 of 2026 __________ Page1 of 16 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP Nos. 25993, 25949 & 26002 OF 2026 & WMP Nos. 28334, 28335, 28337, 28377, 28379, 28380, 28392, 28395 & 28399 of 2026 P.Jayaraman ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09. 2. The Director of Elementary Education O/o.The Director of Elementary Education, College Road, Chennai-06. 3. The District Elementary Educational officer O/o.The District Elementary Educational Officer, Thiruchurapalli. 4. The Assistant Elementary Educational officer O/o.The Additional Assistant Elementary Educational Officer, Nallur, Cudallore District-606 302 5. The Accountant General (A and E) O/o.the Accountant General (A and E), Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018. ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page2 of 16 WP No. 25949 of 2026 R.Uma Devi ..Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09. 2. The Director of Elementary Education O/o.The Director of Elementary Education, College Road, Chennai-06. 3. The District Elementary Educational officer O/o.The Director of Elementary Educational Office, Government higher Secondary School campus, Allinagaram, Theni District. 4. The Assistant Elementary Educational officer O/o.The Assistant Elementary Educational office, Re designated as The Block Educational Officer, O/o.The Block Educational Office, Cumbam, Theni-625 516. 5. The Accountant General (A and E) O/o.the Accountant General (A and E), Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018. ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page3 of 16 WP No. 26002 of 2026 M.Nagarathinam ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09. 2. The State of Tamilnadu Rep by its secretary to Government Finance Department Fort St.George, Chennai-600 009 3. The Director of Elementary Education O/o.The Director of Elementary Education, College Road, chennai-600 006 4. Madurai Kallar Reclamation District Revenue officer O/o.Madurai Kallar Reclamation District Revenue office Madurai 5. The Head Master R.M.Government Kallar Higher secondary school Melagudalur Theni District 6. The Accountant General (A and E) O/o.the Accountant General (A and E) , https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page4 of 16 Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus calling for the records of the 3rd respondent in impugned proceedings having Ref. Na.Ka. No.5121/Aa2 / 2024 dt 20.12.2024 refixing the petitioner Pay scale of the petitioner from PB 15600 - 39100 + 5400 GP reducing it to the pay scale of PB 9300-34800 + 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter No.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 30.12.2009 and quash the same as arbitrary and consequently direct the 2 to 5 respondents to refix the pension payscale of the petitioner effecting the pay fixation order of the 4th respondent in PB 15600- 39100 + 5400 GP from 30.12.2009 and release the unpaid/withheld DCRG amount of Rs.23,63,625/- long with arrears if any together with interest @ 12 percent per annum till the date of payment. WP No. 25949 of 2026 Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus calling for the entire https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page5 of 16 records of the 4th Respondent in impugned proceedings Ref. Na.Ka. No.550/A / 2025 dt 02.04.2025 refixing the Petitioner Payscale from PB 15600 - 39100 + 5400 GP reducing it to the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 15.07.2008 and to quash the same as arbitrary and consequently direct the 2 to 5 respondents to refix the Petitioner pension pay scale effecting the pay fixation of PB 15600- 39100 + 5400 GP from 15.07.2008 and to release the with- held DCRG amount of Rs.17,50,557/- towards the order of recovery along with arrears if any together with interest @ 12 percent per annum till the date of payment. WP No. 26002 of 2026 Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus calling for the entire records of the 5th Respondent vide proceedings in No.Ref. Na.Ka. No.02/2025 dt.31.7.2025 refixing the pay scale of the petitioner from PB 15600-39100 + 5400 GP reducing it to the pay scale of PB 9300-34800 + 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter No.11100/Ele.Edn 1(1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the petitioner from https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page6 of 16 01.06.2008 and quash the same as arbitrary and consequently direct the 2 to 6 respondents to refix the pension of the petitioner effecting the pay scale pay fixation PB 15600-39100 + 5400 GP as on 01.06.2008 and to release the sum of Rs.23,74,714/- the recovery with held amount from the retirement benefits of the petitioner along with arrears if any together with interest at 12 percentage per annum till the date of payment. For Petitioner(s): Mrs. K.Chandra For Respondent(s): Mr. K.Sathish Government Advocate R1 to R4 in WP.Nos.25993 & 25949 of 2026 R1 to R3 in WP.No.26002 of 2026 Mr. V.Vijay Shankar Standing Counsel R5 in all writ petitions Order WP.No.25993 of 2026 is filed for the following relief: “To call for the records of the 3rd respondent in impugned proceedings having Ref. Na.Ka. No.5121/Aa2 / 2024 dt 20.12.2024 refixing the petitioner Pay scale of the petitioner from PB 15600 - 39100 + 5400 GP reducing it to the pay scale of PB 9300-34800 + 4700 grade pay in pursuant to the letter issued by the 1st respondent having https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page7 of 16 Reference letter No.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 30.12.2009 and quash the same as arbitrary and consequently direct the 2 to 5 respondents to refix the pension payscale of the petitioner effecting the pay fixation order of the 4th respondent in PB 15600- 39100 + 5400 GP from 30.12.2009 and release the unpaid/withheld DCRG amount of Rs.23,63,625/- long with arrears if any together with interest @ 12 percent per annum till the date of payment. 2. WP.No.25949 of 2026 is filed for the following relief: To call for the entire records of the 4th Respondent in impugned proceedings Ref. Na.Ka. No.550/A / 2025 dt 02.04.2025 refixing the Petitioner Payscale from PB 15600 - 39100 + 5400 GP reducing it to the letter issued by the 1st respondent having Reference letter no.11100/ Ele.Edn 1 (1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the Petitioner from 15.07.2008 and to quash the same as arbitrary and consequently direct the 2 to 5 https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page8 of 16 respondents to refix the Petitioner pension pay scale effecting the pay fixation of PB 15600- 39100 + 5400 GP from 15.07.2008 and to release the with- held DCRG amount of Rs.17,50,557/- towards the order of recovery along with arrears if any together with interest @ 12 percent per annum till the date of payment. 3. WP.No.26002 of 2026 is filed for the following relief: To call for the entire records of the 5th Respondent vide proceedings in No.Ref. Na.Ka. No.02/2025 dt.31.7.2025 refixing the pay scale of the petitioner from PB 15600-39100 + 5400 GP reducing it to the pay scale of PB 9300-34800 + 4700 grade pay in pursuant to the letter issued by the 1st respondent having Reference letter No.11100/Ele.Edn 1(1) 2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the petitioner from 01.06.2008 and quash the same as arbitrary and consequently direct the 2 to 6 respondents to refix the pension of the petitioner effecting the pay scale pay fixation PB 15600-39100 + 5400 GP as on 01.06.2008 and to release the sum of Rs.23,74,714/- the recovery with held amount from the https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page9 of 16 retirement benefits of the petitioner along with arrears if any together with interest at 12 percentage per annum till the date of payment.” 4. Heard the learned counsels on both sides and perused the materials available on record. 5. The issue involved in these writ petitions was earlier considered in a batch of writ petitions in W.P.No.12275 of 2024 dated 02.03.2026, wherein a similar relief was claimed. The learned Judge after hearing the arguments of both sides and discussing the relevant Rules and Government Orders in detail, had ultimately disposed of the writ petitions with directions. These directions are extracted herein below: 85. In the result, all the writ petitions are disposed of with the following directions:~ 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 https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page10 of 16 been 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 https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page11 of 16 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 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 https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page12 of 16 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 pay the arrears of pension on the said higher scale to the retired petitioners, if not already paid; https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page13 of 16 6. Since the facts on which the earlier writ was disposed is similar to the case on hand it would suffice if the above order is followed and the present writ petitions are disposed of in terms of the earlier order passed in W.P.No. 12275 of 2024 etc batch dated 02.03.2026. Consequently, connected miscellaneous petitions are closed. No costs. 09-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page14 of 16 To 1. The State of Tamil Nadu Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-09. 2. The Director of Elementary Education O/o.The Director of Elementary Education, College Road, Chennai-06. 3. The District Elementary Educational officer O/o.The District Elementary Educational Officer, Thiruchurapalli. 4. The Assistant Elementary Educational officer O/o.The Additional Assistant Elementary Educational Officer, Nallur, Cudallore District-606 302 5. The Accountant General (A and E) O/o.the Accountant General (A and E), Tamil Nadu No.361, Anna Salai, Teynampet, Chennai-018. 6. The District Elementary Educational officer O/o.The Director of Elementary Educational Office, Government higher Secondary School campus, Allinagaram, Theni District. 7. The Assistant Elementary Educational officer O/o.The Assistant Elementary Educational office, Re designated as The Block Educational Officer, O/o.The Block Educational Office, Cumbam, Theni-625 516. 8. Madurai Kallar Reclamation District Revenue officer O/o.Madurai Kallar Reclamation District Revenue office Madurai https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page15 of 16 9. The Head Master R.M.Government Kallar Higher secondary school Melagudalur Theni District https://www.mhc.tn.gov.in/judis WP No. 25993 of 2026 __________ Page16 of 16 P.T.ASHA J. KAN WP Nos. 25993, 25949 & 26002 OF 2026 09-07-2026 https://www.mhc.tn.gov.in/judis