Madras High Court
S.Sivakami vs The State Of Tamil Nadu on 10 September, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P(MD)NO.2110 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.09.2025
CORAM:
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
W.P(MD)No.2110 of 2022
and
W.M.P(MD)No.1811 of 2022
S.Sivakami ... Petitioner
.Vs.
1.The State of Tamil Nadu,
Department of School Education,
represented by its Principal Secretary,
Fort St.George, Chennai-9.
2.The Department of Finance(Pay Cell)Department,
represented by its Principal Secretary,
Fort St.George, Chennai-9.
3.The Director of School Education,
Office of the Director of School Education,
DPI Campus,Chennai.
4.The Chief Educational Officer,
Office of the Chief Educational Officer,
Tuticorin, Tuticorin District – 628 001.
5.The District Educational Officer,
Office of the District Educational Officer,
1/7
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W.P(MD)NO.2110 of 2022
Kovilpatti, Tuticorin District.
6.The Government Higher Secondary School,
represented by its Headmaster,
Vembur, Tuticorin District. ...
Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Certiorarified
Mandamus calling for the records relating to the impugned
order in Na.Ka.NO.5616/A2/2018, dated 23.12.2021, on the file of
the fourth respondent and quash the same and consequently direct
the respondents to refix the salary of the Petitioner by virtue of
Rule 22-B of the Fundamental Rules and Government Order
Ms.No.311, Finance(Pay Cell) Department, dated 23.10.2017 and to
pay the arrears of salary from 25.09.2017 to till date within the
time frame fixed by this Court.
For Petitioner : Mr.S.Arokiamaniraj
For Respondents : Mr.S.Shaji Bino
Spl.Govt. Pleader
ORDER
The issue involved in this Writ Petition is as to whether the
Petitioner is entitled to claim re-fixation of salary based on Section
22-B of the Fundamental Rules and G.O.Ms.NO.311, Finance(Pay
Cell) Department, dated 23.10.2017.
2.The Petitioner was appointed as Secondary Grade Teacher
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W.P(MD)NO.2110 of 2022
by the proceedings of the fifth respondent, dated 7.10.2004. The
Petitioner’s service was regularized in the said post on 2.7.2017.
Pursuant to the recruitment notification issued, she was selected
to the post of Post Graduate Assistant and was appointed on
19.09.2017. The Petitioner claims re-fixation of her salary by
calculating her previous service as Secondary Grade Teacher. The
Petitioner claims that she will be entitled to higher salary, if the
Petitioner’s previous service as Secondary Grade Teacher was
taken into account. The respondents have rejected the Petitioner’s
request for re-fixation of her salary under the impugned order on
23.12.2021 stating that Rule 22-B of the Fundamental Rules is not
applicable to the case of the Petitioner, as the Petitioner was
neither promoted nor appointed on transfer from lower post. The
respondents have rejected the Petitioner’s request, since the
Petitioner’s appointment to the post for Post of Post Graduate
Assistant was a fresh appointment. The law with regard to the
contentions raised by the Petitioner has been well settled by the
decision rendered by the Honourable Supreme Court in the case of
Pallur Bhaskar Rao and others .vs. P.Ramaseshaiah and others
reported in (2017) 5 SCC Page 783, which has also been followed
by the Division Bench of this Court in its judgment dated 243.2025
passed in W.A(MD)No.686 of 2022 in the case of The State of Tamil
Nadu, represented by its Secretary, Department of School
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W.P(MD)NO.2110 of 2022
Education, Fort St.George, Chennai – 600 009 and others .vs.
A.Joseph Sebastian,Secondary Grade Teacher, Panchayat Union
Primary School, Oyyavanthan, Kalaiyarkoil Union, Sivagangai
District – 630 551. In paragraph 14 and 15 of the decision rendered
by the Honourable Supreme Court in Palure Bhaskar Rao case, it
has been held as follows:
‘’14.Transfer and recruitment by transfer are entirely two
different concepts. No doubt transfer can be from one category to another
category or within the class if the rule permits interchangeability of the
categories within a class. Any other transfer both intra-category and
inter-category are in fact, under law is a selection and appointment by
way of a transfer from one category to another. If it is a transfer
simpliciter it conveys a different meaning and if it is a recruitment by
transfer, as we have clarified above conveys a different concept
altogether. The latter is a mode of selection/recruitment to a service.
15.Transfer in relation to service simply means a change of a place
of employment within an organization. Such transfer being to a similar
post in the same cadre and therefore,obviously such a transfer does not
result in the termination of his lien in the parent cadre but recruitment
by transfer is a different service concept altogether. It is a method of
recruitment to a service, in the instant case to a different category in the
same service initially and thereafter, to a different service altogether.
3.As seen from the aforesaid judgments, it is clear that since
the Petitioner’s appointment to the post of Post Graduate
Assistant is considered to be a fresh appointment, the question of
re-fixing her salary based on her previous service as Secondary
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W.P(MD)NO.2110 of 2022
Grade Teacher, does not arise. For the foregoing reasons, this
Court does not find any merit in the Writ Petition.
4.Accordingly, the Writ Petition stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
10.09.2025
NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
1.The Principal Secretary
Department of School Education,
Government of Tamil Nadu,
Fort St.George, Chennai-9.
2.The Principal Secretary,
Department of Finance(Pay Cell)Department,
Fort St.George, Chennai-9.
3.The Director of School Education,
Office of the Director of School Education,
DPI Campus,Chennai.
4.The Chief Educational Officer,
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W.P(MD)NO.2110 of 2022
Office of the Chief Educational Officer,
Tuticorin, Tuticorin District – 628 001.
5.The District Educational Officer,
Office of the District Educational Officer,
Kovilpatti, Tuticorin District.
6.The Headmaster,
Government Higher Secondary School,
Vembur, Tuticorin District.
ABDUL QUDDHOSE.,J.
vsn
ORDER MADE IN
and
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W.P(MD)NO.2110 of 2022
10.09.2025
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