IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice T. VINOD KUMAR
A.MARGARAT – Appellant
Versus
The Government of Tamil Nadu – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on: 19.11.2025 Pronounced on: 28.11.2025 CORAM THE HONOURABLE MR.JUSTICE T. VINOD KUMAR W.P.No.33040 of 2019 and WMP.No.33471 of 2019 A.Margarat ... Petitioner Vs.
1.The Government of Tamil Nadu Rep.by Secretary to the Government School Education Department Fort St. George, Chennai 600 009.
2.The Secretary Government of Tamil Nadu Finance Department Fort St. George, Chennai 9.
3.The Director of School Education College Road Chennai 600 006.
4.The District Educational Officer Raja Street Coimbatore 1.
5.The Branch Officer O/o.The Accountant General (A& E, Tamil Nadu)
Teynampet Chennai 18.
6.The Correspondent C.S.I.Girls Higher Secondary School Avinashi Road Coimbatore Pin Code: 641 018. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondents 5 & 6 in relation to their proceedings issued in P24/5/12419733/ADK dated 27.03.2019 by the 5th respondent and consequential proceedings issued in No.Nil dated 06.05.2019, by the respondent No.6 as approved by the respondent No.4 in his proceedings No.OM.No.2172/A2/2019 dated -05-2019 and quash the same and issue a consequential direction to the respondents to restore the pay of petitioner at Rs.14070(9870+4200GP, in the pay band of Rs.9300-34800+4200GP with notional effect from 1-1-2006 and monetary benefit from 01.02.2011 and to grant consequential arrears of pay and pension.
For Petitioner : Mr.R.Saseetharan For Respondents : M/s.A.Bakkiyalakshmi for R1, R3 & R4 Government Advocate Mr. Azizullah Khan for R2 Government Advocate Mr. Arunachalesh for for M/s.J.Sree Vidhya Senior Counsel for R5
ORDER
Heard, Mr.R.Saseetharan, the learned counsel for the petitioner and M/s.A.Bakkiyalakshmi, learned Government Advocate for the respondents 1, 3 & 4, Mr.Azizullah Khan, learned Government Advocate for 2nd respondent and Mr.Arunachalesh for M/s.J.Sreevidya, learned Senior Counsel for 5th respondent and perused the records.
2. The case of the petitioner in brief is that she was initially appointed as Record Clerk on 06.10.1986 and was promoted as Junior Assistant on 01.09.1993; that on completion of 10 years service as Junior Assistant, she was awarded selection grade on 01.09.2003; and that as per 6th Pay Commission she was placed in the pay scale of Rs.4000-100-6000.
3. It is the further case of the petitioner that on the 7th Pay Commission recommendations being implemented with effect from 01.01.2006 under G.O.Ms.No.234 dated 01.06.2009, as no separate scale of pay for selection grade was provided, the Government issued letter dated 08.11.2010 re-fixing the pay of employees as indicated in Annexure-1 to the said letter; that as per the scale of pay mentioned in the Annexure, the petitioner having being granted selection grade would be entitled to scale of pay of 9300-34800+4200GP. 4. It is the further case of the petitioner that since, she is working as Junior Assistant selection grade in the 6th respondent’s school which is a Government aided School and in as much as there are no promotional avenues, the Government by letter dated 30th August, 2011, had informed the sixth respondent that the petitioner is entitled for fixation of pay in the selection grade with effect from 17.10.2007 as per the scale of pay indicated in Annexure-1 of the Government letter dated 08.11.2010 in the pay scale of
9300-34800+4200GP as specified at Sl.No.8 of the said proceedings.
5. The petitioner further contended that the respondents acting on the aforesaid communication, had fixed the petitioner pay in the pay scale of 9300-38400+4200GP and made the payment to her till she had retired from service on attaining the age of superannuation on 30th June, 2019.
6. It is the further case of the petitioner that the fifth respondent by proceedings dated 27.03.2019 addressed to the fourth respondent had claimed that the petitioner pay as on 01.01.2006 should
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