IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

and

W.M.P.No.1551 of 2022

T.Natarajan

S/o.Thangavel Udayar

Headmaster (Rtd.)

Panchayat Union Elementary School (Girls)

Avalurpettai, Melmalaiyanur Panchayat Union

Villupuram District.

Residing at No.2/32, Mandaveli Street

Avalurpettai & Post, Melmalaiyanur Taluk

Villupuram District – 604 201.4 201. …. Petitioner

... Petitioner

Vs

1.The Government of Tamil Nadu

Rep by its Principal Secretary to Government

School Education Department

Fort St.George, Chennai – 600 009.

2.The Director of Elementary Education

College Education, Chennai – 600 006.

3.The District Educational Officer

Gingee, Villupuram District.

4.The Block Educational Officer Melmalaiyanur Panchayat Union

Melmalaiyanur, Villupuram District. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking to issue Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed of the 2^nd respondent made in his proceedings in Na.Ka.No.2200/C2/2010, dated 23.07.2010 in so far as it denies arrears of pay and the impugned order of the 3^rd respondent made in his proceedings in Na.Ka.No.1884/Aa1/2021, dated 27.12.2021 and quash the same and direct the respondents to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207, School Education (G2) Department, dated 30.09.2008 to the petitioner and pass orders.

For Petitioner : Mr.A.S.Kaizer For Respondents : Mr.P.Ananda Kumar Government Advocate for R1 to R4

ORDER

The above writ petition is filed for the following relief :

“ To issue Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed of the 2^nd respondent made in his proceedings in Na.Ka.No.2200/C2/2010, dated 23.07.2010 in so far as it denies arrears of pay and the impugned order of the 3^rd respondent made in his proceedings in Na.Ka.No.1884/Aa1/2021, dated 27.12.2021 and quash the same and direct the respondents to grant arrears of pay in respect of pay fixation done under the G.O.Ms.No.207, School Education (G2)

Department, dated 30.09.2008 to the petitioner”

2. The case of the petitioner is that he was appointed as Secondary Grade Assistant Teacher on 01.06.1974 . Thereafter, he was promoted as Elementary School Headmaster on 11.12.1995 and had superannuated on 28.02.2008. 3. Before delving into the facts of the case in detail, it may be relevant to refer to the various Government Orders relating to pay fixation, relied upon by the writ petitioner and also the writ petitions filed before this Court challenging the said G.O.s.

4. The Government of Tamil Nadu by G.O.Ms.No.238, School Education (E2) Department, dated 26.06.1998 had directed that the B.T. Assistants working in High School are entitled to count their Selection Grade Secondary Grade Teachers service, for the purpose of pay fixation in the post of B.T. Assistant in Selection and Special Grade Scale of Pay on par with G.O.Ms.No.210 Personnel and Administrative Reforms (Pers) Department, dated 13.03.1987. This G.O.Ms.No.210 provides a concession that if the Selection Grade scale of pay of lower post is identical with the Ordinary Grade scale of pay of the promoted posts, then the services rendered in the Selection Grade scale of pay of the lower post can be counted and pay can be fixed in Selection Grade scale of pay of higher post.

5. After several representations and correspondences with the Department, the Government of Tamil Nadu issued G.O.Ms.No.212 dated 07.08.2000, extending the benefit of G.O.Ms.No.210 dated 13.03.1987 and G.O.Ms.No.238, dated 26.06.1998 to the Elementary School Headmasters in the Elementary Schools. This Government Order was issued with a rider that it would be subject to the result of the writ petitions in W.P.No.8896 of 1994 & etc., batch pending before this Court, inter alia which was filed challenging the G.O.Ms.No.300 dated 07.04.1994. In the aforesaid G.O.Ms.No.300, it was directed that the se