Madras High Court
S. Rajeswari vs The Government Of Tamil Nadu on 12 September, 2025
W.P.No.31995 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12/9/2025
CORAM
THE HONOURABLE Mr.JUSTICE K. SURENDER
Writ Petition No.31995 of 2017
and
W.M.P.Nos.35152 of 2017 and 7661 of 2018
S. Rajeswari ... 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.
4. The District Elementary Educational Officer
Namakkal District
Namakkal.
1/8
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W.P.No.31995 of 2017
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 fourth respondents respectively issued in
Na.Ka.No.16907/E1/2016 dated 11/8/2016 and in O.M.No.677/A3/2016
dated 3/3/2016 and quash the same and issue a consequential direction to
the respondents to step up the petitioner's pay to the level of her junior and
fix the same at Rs.5000 as on 9/1/96 and at Rs.22,280/- as on 12/10/2009
and at Rs.25,060/- as on 19/5/2012 as per G.O.Ms.No.125 P and AR
Department dated 25/3/2015 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
------
ORDER
This writ petition has been filed to quash the orders dated 11/8/2016
and 3/3/2016 of the third and fourth respondents issued in
Na.Ka.No.16907/E1/2016 and O.M.No.677/A3/2016 respectively, and
issue a consequential direction to the respondents to step up the petitioner's
pay to the level of her junior and fix the same at Rs.5000 as on 9/1/96 and at
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Rs.22,280/- as on 12/10/2009 and at Rs.25,060/- as on 19/5/2012 as per
G.O.Ms.No.125 P and AR Department dated 25/3/2015 and as per 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
8/7/1988 in Panchayat Union Elementary School, Valappurnadu, Kollihills
Panchayat Union, Namakkal District and thereafter, promoted as Primary
School Headmistress on 16/6/2003 and posted at Panchayat Union Primary
School at Melapatti.
3. The main grievance of the petitioner is that her junior
S.Nagalakshmi, 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.
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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 S.Nagalakshmi was part of another Union as such the pay scale
of the said S.Nagalakshmi cannot be implemented in so far as the petitioner
is concerned.
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
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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
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
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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 S.Nagalakshmi are
serving in the same Department and S.Nagalakshmi is junior to the
petitioner. It would only be appropriate that the petitioner's pay should be
fixed as equal to the pay of S.Nagalakshmi, 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 make it clear that the order impugned is
unsustainable in law.
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12. 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 S.Nagalakshmi, 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
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K.SURENDER, J
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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