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2025 Supreme(Online)(Mad) 72812

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr Justice G. JAYACHANDRAN
A.Sivagovindhan (DECEASED) – Appellant
Versus
The Government of Tamil Nadu – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and M.P.No.3 of 2015 and W.M.P. No.37906 of 2017 A.Sivagovindhan (DECEASED)

2.Radhamani 3.Ilakiyamani

4.Malarvannan 5.Manivannan

6.Saravanan .. Petitioners (Petitioners 2 to 6 substituted as LRs of deceased sole petitioner vide order dated 19.09.2025 made in W.M.P. No.19212 of 2016 in W.P.No.16013 of 2015)

vs

1.The Government of Tamil Nadu Rep. by the Secretary to Government, School Education Department Secretariat, Fort St. George Chennai – 600 009.

2.The Director of Elementary Education, College Road, Nungambakkam, Chennai – 600 006.

3.The Chief Educational Officer, Ariyalur, Ariyalur District.

4.The District Elementary Education Officer, Udayarpalayam, Ariyalur District.

5.The Headmaster Govt. Hr. Sec. School Kallathur-Thandalai (Village and Post)-621 803 Ariyalur District. .. Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for records relating to the order dated 23.12.2014 passed by the 3rd Respondent vide Na.Ka.No.5766/B1/2014 and order dated 02.06.2015 passed by the 5th Respondent vide Na.Ka.No.3/2015 and to quash the same and to direct the Respondents to restore the benefit of G.O.Ms.No.210 dated 14.08.2009 to the Petitioner by granting special grade pay of Head Master, Middle School in the scale of Rs.2200-4000/- with effect from 01.06.1988 and refix the petitioner’s pension by reckoning his last drawn pay in the scale of Rs.2200-4000/- w.e.f. 31.03.1996 (i.e., the date of his retirement) with arrears of pension and interest at the rate of 12% p.a. from 31.03.1996 till the date of payment together with all other consequential benefits, within a time limit to be fixed by this Court.

[Prayer amended as per order dated 29.06.2015 in M.P.No.1 of

2015 in W.P.No.16013 of 2015]

For Petitioners : Ms.Y.Kavitha For Respondents : Mr.S.Prabhakaran, Government Advocate

ORDER

Writ petitioner (Late Mr.A.Sivagovindhan) was appointed as a Headmaster of elementary school on 06.04.1960 and thereafter he was promoted as BT Grade Middle School Headmaster on 30.01.1988. He got further promotion as Secondary Grade teacher in the year 1991 and finally got retired on 31.03.1996. Nearly thirteen years after the Government passed G.O.Ms.No.210 School Education (G1) Department dated 14.08.2009 granting special grade in the scale of 2200-75-2800-100-4000 with effect from 01.06.1988 for secondary grade teacher on par with Middle School Headmaster. Writ petitioner, being advised that he is entitled for the benefit under G.O.Ms.No.210 dated 14.08.2009, had approached this Court by filing W.P.No.29751 of 2014 to consider his representation to extend the benefit of G.O.Ms.No.210 dated 14.08.2009. By that time, 65 similarly placed persons have approached the Court and got favourable orders. Following that, another batch of 124 persons also approached this Court for extension of the benefit whereas learned single Judge of this Court allowed the writ petitions. Under such circumstances, the writ petitioner initially filed writ of mandamus for extending the benefit to him under G.O.Ms.No.210 dated 14.08.2009. This Court, on 17.11.2014, taking into consideration the pendency of the writ petition, directed the Chief Educational Officer, Ariyalur, who was the third respondent in that writ petition, to dispose of the representations dated 08.09.2014 and 17.09.2014, which are followed by a reminder dated 01.11.2014 on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of the order. The third respondent had thought fit that the writ petitioner is not entitled for the benefit conferred under G.O.Ms.No.210 dated 14.08.2009. The third respondent has passed the impugned order on 23.12.2014, rejecting his request. Said rejection order is now subject matter of the present writ petition by way of certiorarified mandamus.

2. From the i

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