Madras High Court
A.Sivagovindhan (Deceased) vs The Government Of Tamil Nadu on 24 November, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.P.No.16013 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2025
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.No.16013 of 2015
and
M.P.No.3 of 2015 and W.M.P. No.37906 of 2017
A.Sivagovindhan (DECEASED)
2.Radhamani
3.Ilakiyamani
4.Malarvannan
5.Manivannan
6.Saravanan .. Petitioners
(Petitioners 2 to 6 substituted as
LRs of deceased sole petitioner vide
order dated 19.09.2025 made in
W.M.P. No.19212 of 2016 in
W.P.No.16013 of 2015)
vs
1.The Government of Tamil Nadu
Rep. by the Secretary to Government,
School Education Department
Secretariat, Fort St. George
Chennai – 600 009.
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai – 600 006.
3.The Chief Educational Officer,
Ariyalur, Ariyalur District.
4.The District Elementary Education Officer,
Udayarpalayam, Ariyalur District.
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W.P.No.16013 of 2015
5.The Headmaster
Govt. Hr. Sec. School
Kallathur-Thandalai (Village and Post)-621 803
Ariyalur District. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of certiorarified mandamus to call
for records relating to the order dated 23.12.2014 passed by the
3rd Respondent vide Na.Ka.No.5766/B1/2014 and order dated
02.06.2015 passed by the 5th Respondent vide Na.Ka.No.3/2015
and to quash the same and to direct the Respondents to restore
the benefit of G.O.Ms.No.210 dated 14.08.2009 to the Petitioner
by granting special grade pay of Head Master, Middle School in the
scale of Rs.2200-4000/- with effect from 01.06.1988 and refix the
petitioner’s pension by reckoning his last drawn pay in the scale of
Rs.2200-4000/- w.e.f. 31.03.1996 (i.e., the date of his retirement)
with arrears of pension and interest at the rate of 12% p.a. from
31.03.1996 till the date of payment together with all other
consequential benefits, within a time limit to be fixed by this Court.
[Prayer amended as per order dated 29.06.2015 in M.P.No.1 of
2015 in W.P.No.16013 of 2015]
For Petitioners : Ms.Y.Kavitha
For Respondents : Mr.S.Prabhakaran,
Government Advocate
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W.P.No.16013 of 2015
ORDER
Writ petitioner (Late Mr.A.Sivagovindhan) was appointed as a
Headmaster of elementary school on 06.04.1960 and thereafter he
was promoted as BT Grade Middle School Headmaster on
30.01.1988. He got further promotion as Secondary Grade teacher
in the year 1991 and finally got retired on 31.03.1996. Nearly
thirteen years after the Government passed G.O.Ms.No.210 School
Education (G1) Department dated 14.08.2009 granting special
grade in the scale of 2200-75-2800-100-4000 with effect from
01.06.1988 for secondary grade teacher on par with Middle School
Headmaster. Writ petitioner, being advised that he is entitled for the
benefit under G.O.Ms.No.210 dated 14.08.2009, had approached
this Court by filing W.P.No.29751 of 2014 to consider his
representation to extend the benefit of G.O.Ms.No.210 dated
14.08.2009. By that time, 65 similarly placed persons have
approached the Court and got favourable orders. Following that,
another batch of 124 persons also approached this Court for
extension of the benefit whereas learned single Judge of this Court
allowed the writ petitions. Under such circumstances, the writ
petitioner initially filed writ of mandamus for extending the benefit
to him under G.O.Ms.No.210 dated 14.08.2009. This Court, on
17.11.2014, taking into consideration the pendency of the writ
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petition, directed the Chief Educational Officer, Ariyalur, who was the
third respondent in that writ petition, to dispose of the
representations dated 08.09.2014 and 17.09.2014, which are
followed by a reminder dated 01.11.2014 on merits and in
accordance with law within a period of three weeks from the date of
receipt of a copy of the order. The third respondent had thought fit
that the writ petitioner is not entitled for the benefit conferred
under G.O.Ms.No.210 dated 14.08.2009. The third respondent has
passed the impugned order on 23.12.2014, rejecting his request.
Said rejection order is now subject matter of the present writ
petition by way of certiorarified mandamus.
2. From the impugned order, we find that when
implementation of G.O.Ms.No.210 dated 14.08.2009 came up for
consideration before this Court, the Government has thought fit that
the order of the Court to be restricted to those persons who have
filed writ petitions and not for others. The writ petitioner has retired
long back and request after lapse of several years after retirement
and after passing of G.O.Ms.No.210 dated 14.08.2009, was found
not to be considered by holding that the Government Orders in the
proceedings viz., G.O.Ms.No.210 School Education (G1) Department
dated 14.08.2009, G.O.Ms.No.190 School Education (G1)
Department dated 12.07.2010 and G.O.Ms.No.146 School Education
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(G1) Department dated 19.06.2012 cannot be extended to the
persons who are absorbed in School Education Department. The
above three Government Orders are in respect of persons retired
after 30.09.1994 and persons absorbed from Elementary Education
Department to School Education Department is the reason assigned
for rejection of the request made by the writ petitioner. The same is
challenged in the present writ petition stating that spirit of
G.O.Ms.No.210 dated 14.08.2009 was to erase anomaly in pay
between Secondary Grade Teacher, Elementary School Headmaster
and Middle School Headmaster and restricting the extension of
benefit only to persons who approached this Court or persons
retired after 30.09.1994 or persons absorbed from Elementary
Education Department to School Education Department is
unreasonable and there is no nexus between the classification and
object of the Government Order.
3. Learned Government Advocate appearing for State
submitted that the issue of extending the benefit to the petitioner is
no more res integra in view of the Division Bench judgment of this
Court passed on 10.05.2024 in the appeal preferred by the State in
W.A.No.137 of 2024 as against the order passed by learned single
Judge dated 19.06.2023 in W.P. No. 20836 of 2017 allowing a
similar prayer. Referring to paragraph No.16 of the said judgment,
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learned Government Advocate submitted that the implementation of
G.O.Ms.No.210 dated 14.08.2009 was considered in earlier order of
the Full Bench pertaining to the same Government Order in Review
Application No.227 of 2015 and connected matters on 09.12.2016
and it has been held that error in extending the benefit of the said
Government Order to the persons who are not eligible in fact cannot
be perpetually continued and the Government having woke up to
the fact and had brought to the notice regarding improper
implementation of the said Government Order pursuant to the order
of the Full Bench has interfered and gave an ultimatum for filing
writ petitions relating to the subject matter of controversy and
hence sought for dismissal of the writ petition.
4. A Perusal of the Division Bench judgment and the Full
Bench judgment cited in it, I find that ultimatum for filing writ
petition is 09.12.2016 whereas in this case, the writ petition was
filed prior to that. Therefore, the Division Bench judgment cannot
be relied upon to dismiss the writ petition on the ground of laches.
However, this Court finds that on merits itself, this petitioner is not
entitled for the extension of benefit under G.O.Ms.No.210 dated
14.08.2009 since he was absorbed to the School Education
Department from Elementary Education Department and had the
benefit of said absorption both in monetary aspect and career
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aspect. Having enjoyed that benefit of absorption and retired from
service long back, he cannot turn back to his previous service as
Middle School Secondary Grade Teacher in Elementary Education
Department and seek the benefit of G.O.Ms.No.210 dated
14.08.2009. The said Government Order was passed nearly 13
years after his retirement, taking into consideration, the persons
who have been stagnated in the post of Middle School teacher
without any career prospects in the Elementary Education
Department itself. However, similarly placed Elementary School and
Middle School Secondary Grade Teachers and Headmasters were
able to get better pay. On factual aspect also, this petitioner, as
explained in the impugned order, is not entitled for the benefit
extended under G.O.Ms.No.210 dated 14.08.2009.
5. It is brought to the notice of this Court that the School
Education Department on 11.05.2012 issued a cheque for
Rs.63,930/- pending implementation of G.O.Ms.No.210 dated
14.08.2009. Later, they have realised the mistake and issued the
proceedings on 02.06.2015 for recovery of the said amount. This
has been challenged by way of a miscellaneous petition in the
present writ petition and that M.P. No.3 of 2015, been considered
and this Court has granted stay of recovery vide order dated
29.06.2015 and stay continues till now. Meanwhile, the writ
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petitioner died, his wife was brought on record. She also died. Their
children were brought on record and they are pursuing this writ
petition. After a length of time, recovery proceedings is not
sustainable mainly on the ground that the amount paid is not by
any misrepresentation by the writ petitioner but by misapplication
of Government Order by the Department itself. Hence this money
which is paid cannot be recovered pursuant to the dictum laid down
by the Supreme Court in State of Punjab and
Ot
h
ers vs. Rafiq Masih (White
Was
h
er) reported in 2015 (4) SCC 334.
6. With the above observations, this writ petition is dismissed.
Consequently, connected miscellaneous petitions are closed. There
shall be no order as to costs.
24.11.2025
Index:Yes/No
Neutral Citation:Yes/No
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mmi
To
1.The Secretary to Government,
School Education Department
Secretariat, Fort St. George
Chennai – 600 009.
2.The Director of Elementary Education,
College Road, Nungambakkam,
Chennai – 600 006.
3.The Chief Educational Officer,
Ariyalur, Ariyalur District.
4.The District Elementary Education Officer,
Udayarpalayam, Ariyalur District.
5.The Headmaster
Govt. Hr. Sec. School
Kallathur-Thandalai (Village and Post)-621 803
Ariyalur District.
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DR.G.JAYACHANDRAN,. J.
mmi
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24.11.2025
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