Madras High Court
R.Pappathi vs The Government Of Tamil Nadu on 12 September, 2025
W.P.No.31986 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12/9/2025
CORAM
THE HONOURABLE Mr.JUSTICE K. SURENDER
Writ Petition No.31986 of 2017
and
W.M.P.Nos.35143 of 2017 and 4415 of 2018
R.Pappathi ... Petitioner
Vs
1. The Government of Tamil Nadu
rep. By The Secretary to Government
P & AR Department
Fort St. George
Chennai 600 009.
2. The Secretary to Government
School Education Department
Fort St. George
Chennai 600 009.
3. The Director of Elementary Education
College Road
Chennai 600 009.
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W.P.No.31986 of 2017
4. The District Elementary Educational Officer
Namakkal District
Namakkal.
5. The Assistant Elementary Educational Officer
Namakkal District
Namakkal. ... Respondents
Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of certiorarified mandamus to call for the records
of the third and fifth respondents respectively issued in
Na.Ka.No.16907/E1/2016 dated 11/8/2016 and in ATM.No.980/A1/2015
dated 23/10/2015 and quash the same and issue a consequential direction to
the respondents to step up the petitioner's pay to the level of his junior and
fix the same at Rs.18190 + 4500 GP as on 1/6/2011 and at Rs.21060 + 4700
GP as on 1/10/2013, as per G.O.Ms.No.25 P and AR Department dated
23/3/2015 and as per Tamil Nadu Revised Pay Scale Rule, 1998 and grant
arrears of pay and other consequential benefits.
For petitioner ... Mr.R.Saseetharan
For respondents ... Mr.P.Rajarajeswari
Government Advocate
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W.P.No.31986 of 2017
ORDER
This writ petition has been filed to quash the orders dated 11/8/2016
and 23/10/2015 of the third and fifth respondents issued in
Na.Ka.No.16907/E1/2016 and ATM.No.980/A1/2015, respectively, and
issue a consequential direction to the respondents to step up the petitioner's
pay to the level of his junior and fix the same at Rs.18190 + 4500 GP as on
1/6/2011 and Rs.21060 + 4700 GP as on 1/10/2013, as per G.O.Ms.No.25 P
and AR Department dated 23/3/2015 and Tamil Nadu Revised Pay Scale
Rule, 1998 and grant arrears of pay and other consequential benefits.
2. The facts of the case which are necessary for the disposal of the
writ petition are as follows:-
The petitioner was initially appointed as Secondary Grade Teacher on
1/7/1988 in Panchayat Union Elementary School Parappatti, Mecheri
Union, Salem District and thereafter, promoted as Primary School
Headmistress on 25/6/1999 and later promoted as B.Ed Middle School
Headmaster on 1/6/2008 from the post of B.T.Assistant.
3. The main grievance of the petitioner is that her junior
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Mrs.M.Jayakodi, who has also comparatively the same experience to that
of the petitioner was promoted, after she had been granted Selection Grade
Pay, while serving as Primary School Headmistress.
4. Heard Mr.R.Saseetharan, learned counsel for the petitioner and
Ms.P.Rajarajeswari, learned Government Advocate for the respondents.
5. According to the petitioner, the very object of G.O.Ms.No.25 P &
AR Department (FR IV Department) dated 23/3/2015, was to rectify the
anomaly with respect to the promotion from ordinary grade to selection
grade post and the junior drawing more pay than the senior.
6. The learned counsel appearing for the respondents would submit
that the said Jayakodi was part of another Union as such the pay scale of the
said Jayakodi cannot be implemented in so far as the petitioner is
concerned.
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7. The learned counsel appearing for the petitioner brought to the
notice of this Court to a judgment dated 22/8/2023, made in (P.SANTHI
Vs. 1. THE GOVERNMENT OF TAMIL NADU, REP. BY THE
SECRETARY TO GOVERNMENT, P & AR DEPARTMENT, FORT ST.
GEORGE, CHENNAI 9), wherein the learned Single Judge under similar
circumstances has directed the respondents to pass appropriate orders to
step up the pay of the petitioner therein on par with the junior who was
promoted and drawing more pay, in accordance with G.O.Ms.No.25.
8. Assailing the above said order, the Government has filed Writ
Appeal in W.A.No.1623 of 2024, (1. The Secretary to Government,
School Education Department, Fort St. George, Chennai 9 and 3 others
Vs P.Santhi), wherein the Hon'ble Division Bench has dismissed the Writ
Appeal, confirming the order passed by the learned Single Judge.
9. The main object of G.O.Ms.No.25 P & AR Department (FR IV
Department) dated 23/3/2015, is to rectify the pay anomaly due to Junior
drawing more pay than the senior in cases where the senior got promotion
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before moving to Selection Grade/Special Grade and the junior got
promotion after moving to Selection Grade/Special Grade in the revised
scales of pay, drawing more pay, as a result of introduction of Tamil Nadu
Revised Scales of Pay Rules, 2009. The question of rectifying the anomaly
in such cases was carefully examined by the Government and passed
G.O.Ms.No.25.
10. The ground raised by the respondents that the petitioner was part
of another Union cannot be sustained. G.O.Ms.No.25 makes it clear that a
senior getting lesser pay than his/her junior due to the promotion of the
junior after moving to selection grade, has to be stepped up and make it
equal to pay of the junior.
11. It is an admitted fact that the petitioner and Jayakodi are serving
in the same Department and Jayakodi is junior to the petitioner. It would
only be appropriate that the petitioner's pay should be fixed as equal to the
pay of M.Jayakodi, in accordance with G.O.Ms.No.25. Even a bare perusal
of the judgment, made in W.A.No.1623 of 2024, and G.O.Ms.No.25, would
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make it clear that the order impugned is unsustainable in law.
11. Accordingly, this writ petition stands allowed and the
respondents are directed to set right the pay anomaly and step-up the pay of
the petitioner on a par with the said M.Jayakodi, in accordance with
G.O.Ms.No.25 P & AR Department (FR IV Department) dated 23/3/2015.
The said exercise has to be carried out within a period of eight weeks from
the date of receipt of a copy of this order. If the respondents require any
clarification, they may issue notice to the petitioner and seek necessary
clarification and but at any rate pass orders within a period of four months.
No costs. Consequently, connected miscellaneous petitions are closed.
(K.SURENDER,J)
12th September, 2025
mvs.
Index: Yes/No
Neutral Citation: Yes/No
K.SURENDER, J
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mvs.
To
1. The Secretary to Government
Government of Tamil Nadu
P & AR Department
Fort St. George, Chennai 600 009.
2. The Secretary to Government
School Education Department
Fort St. George, Chennai 600 009.
3. The Director of Elementary Education
College Road, Chennai 600 009.
4. The District Elementary Educational Officer
Namakkal District, Namakkal.
5. The Assistant Elementary Educational Officer
Namakkal District, Namakkal.
12/9/2025
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