IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.K. ILANTHIRAIYAN and WMP.Nos.35408 & 35411 of 2023 A.S.Viola Caroline Mary .. Petitioner Vs.

1. The State of Tamilnadu Rep by Its Secretary to government School Education, Secretariat Fort St George, Chennai 600009.

2. The Director of School Education, Chennai-6.

3. The Director of Elementary Education, Chennai-6.

4. The Chief Educational Officer, Krishnagiri, Krishnagiri District.

5. The District Educational Officer, Krishnagiri, Krishnagiri District.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, Calling for the records pertaining to the order passed by the 4th Respondent in his proceedings Na.Ka. No. 3402/ A2 / 2020 dated 14.02.2022 and quash the same and direct the Respondents to fix the scale of pay of the petitioner as per the clarification Letter issued by the Government in Government Letter No.14483/ CMPC / 2011- 1, Finance Department, dated 05.01.2012 (or) in the alternative to revert back the petitioner to the parent unit so as to enable the petitioner to get the benefit of the scale of pay in the cadre of selection Grade Headmaster of Elementary School with effect from 17.12.2011and thereafter in the cadre of headmaster of Middle School in Bargur Panchayat Union from 29-11-2006 as per the Government Letter No. 14483/ CMPC/

2011- 1, Finance Department dated 05-01-2012.

For Petitioners : Mr.P.Ganesan For Respondents : Mrs.S.Mythreye Chandru, Spl.GP for R.1 to R.5.

ORDER

This Writ Petition has been filed challenging the order passed by the

4th respondent dated 11.02.2022, thereby rejecting the request made by the petitioner to revert her back to the parent unit to get the benefit of pay scale of selection grade of Headmaster with effect from 06.07.2008.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner had joined as a Secondary Grade Assistant on

06.07.1988 in Panchayat Union Primary School Kodamandapatti, Uthangarai. Later, she was transferred to Barugur Union, Krishnagiri District on 01.11.1989. Thereafter, she was awarded Selection Grade on 06.07.1998. Later, she was promoted as Headmistress of Elementary School on 13.06.2003. She was further promoted to the post of Middle School Headmistress on 29.11.2006. Since the post of Headmaster of Elementary School happened to be identical to the Selection Grade Secondary Grade Assistant, the petitioner was granted the scale of pay of Selection Grade Headmaster of Elementary School on 06.07.2008.

4. While being so, the petitioner’s school was upgraded as a High School and the petitioner was also absorbed to the High School Service on

17.12.2011 as BT Assistant (Tamil) as there was no Middle School to accommodate the petitioner in the Elementary Education Service. The said absorption caused monetary loss to the tune of Rs.6,000/- every month to the petitioner. As per Rule 4 (3) of Tamilnadu Revised Scale of Pay Rules 1989, if the pay fixed in the officiating post is lower than the pay fixed in the substantive post, it shall be fixed on par with the next stage above the substantive pay and where the pay of government servant who had moved from a lower post to a higher post or from ordinary grade to selection grade is fixed at a stage lower than what would have been admissible in the lower post or ordinary grade, his pay shall be stepped up to the stage equal to the pay in the lower post or grade or if there is no such stage, to the next higher stage.

5. The petitioner’s pay scale in the post of BT Assistant in the High School Service is lower than the pay fixed for the post of selection grade primary school Headmaster. Therefore, the petitioner submitted representation to revert her back to Elementary Educational service to the post of Middle School Headmaster again. In fact, the 2nd respondent had no objection in reverting the