[Cites 1, Cited by 0]
Madras High Court
R.Tamilarasi vs The Additional Chief Secretary on 24 March, 2026
W.P.(MD) No.7797 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.(MD) No.7797 of 2026
R.Tamilarasi ... Petitioner
-vs-
1.The Additional Chief Secretary
to Government
Government of Tamil Nadu
Finance Department
St.George Fort, Chennai
2.The Additional Chief Secretary
to Government
Government of Tamil Nadu
Revenue and Disaster Management
Department
St.George Fort, Chennai
3.The Commissioner of Revenue
Administration
Ezhilagam, Chennai-600 005
4.The District Collector
Pudukottai District
5.The District Revenue Officer
Pudukottai District ... Respondents
____________
Page 1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 07:47:25 pm )
W.P.(MD) No.7797 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the respondents to re-fix the salary of the
petitioner by granting fitment benefits from her date of appointment i.e.
27.07.2009 based on the G.O.(Ms) No.340, dated 26.08.2010.
For Petitioner : Mr.D.Venkatachalam
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
ORDER
Mr.S.Shaji Bino, learned Special Government Pleader, takes notice
for the respondents.
2. With the consent of both sides, this writ petition is disposed of
at the admission stage.
3. Heard the learned counsel for the petitioner and the learned
Special Government Pleader appearing for the respondents.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 07:47:25 pm )
4. It is beyond dispute that the issue raised in this writ petition is
covered by the order dated 13.10.2022 made in W.P.(MD) Nos.13775 to 13779
of 2022. In the said writ petitions, it was ordered as follows:
“11. The only issue that calls for consideration is
this. Whether the writ petitioners were recruited /
selected prior to 01.06.2009 by TNPSC. If the answer is
in the affirmative, the petitioners have to be given the
benefit of G.O.Ms.No.340, Finance (Pay Cell)
Department, dated 26.08.2010. Even the respondents
cannot dispute that the writ petitioners were selected
prior to 01.06.2009. To be precise, all the writ petitioners
were selected in November 2008. Therefore, I have no
hesitation to follow the aforesaid decision relied on by
the learned counsel appearing for the petitioners. That
apart, Paragraph No.6 of G.O.Ms.No. 340, Finance (Pay
Cell) Department, dated 26.08.2010, makes the position
fully clear. It is as follows:-
(6) The above orders allowing fitment
benefit is not applicable to the new recruits in
whose cases the selection list have been
issued by the Tamil Nadu Public Service
Commission / Employment Exchange and
consequent appointment orders issued by the
Heads of Department after 01.06.2009 ie.,
after the date of issue of notification of the
Tamil Nadu Revised Scales of Pay Rules,
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 07:47:25 pm )
2009, in the G.O first read above. In such
cases, the new recruits are entitled to have
their pay fixed only at the minimum of the Pay
Band plus grade pay applicable to the
respective posts.
12. It can be seen therefrom that the Government
wanted to deny the benefit of G.O.Ms.No.340, Finance
(Pay Cell) Department, dated 26.08.2010 only to those
who were recruited and appointed after the cutoff date
ie., 01.06.2009. Admittedly, the petitioners do not fall
within the scope of Paragraph No.6. Therefore, the
orders impugned in the writ petitions are set aside. The
writ petitions are allowed. No costs.”
5. Learned Special Government Pleader appearing for the
respondents states that the said order has been put to challenge by filing a
writ appeal. The petitioner's fate will also abide by the outcome of the writ
appeal. But till then, the petitioner's request cannot be deferred. It is not in
dispute that the petitioner was selected prior to 01.06.2009 by the Tamil Nadu
Public Service Commission. However, a formal posting the order was issued on
27.07.2009. The case of the petitioner is similar to that of the petitioners in
W.P.(MD)Nos.13775 to 13779 of 2022.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 07:47:25 pm )
6. Therefore, the petitioner's request has to be necessarily
accepted. The respondents are directed to refix the petitioner's salary by
granting her fitment benefit based on G.O.Ms.No.340, Finance (Pay Cell)
Department, dated 26.08.2010. This shall be done within a period of ten
weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is allowed. No costs.
24.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Additional Chief Secretary
to Government,
Government of Tamil Nadu,
Finance Department,
St.George Fort, Chennai.
2.The Additional Chief Secretary
to Government,
Government of Tamil Nadu,
Revenue and Disaster Management
Department,
St.George Fort, Chennai.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 07:47:25 pm )
3.The Commissioner of Revenue
Administration,
Ezhilagam, Chennai-600 005.
4.The District Collector,
Pudukottai District.
5.The District Revenue Officer,
Pudukottai District.
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 07:47:25 pm )
MUMMINENI SUDHEER KUMAR, J.
krk
24.03.2026
____________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/03/2026 07:47:25 pm )
