IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.02.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.4041 of 2026 S.Shanmugam ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by its Principal Secretary to Government, School Education Department, Fort St.George, Secretariat, Chennai-600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

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

4.The Headmaster, T.N.A.P.Higher Secondary School, Tiruvannamalai-606 601.

5.The Principal Accountant General (Tamil Nadu), O/o.The Principal Accountant General, AG’s Office Complex, 361, Anna Salai, Teynampet, Chennai-600018. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the third respondent in Na.Ka.No.1808/A3/2025 dated 28.11.2025 and to quash the same and consequently, directing the respondents to sanction selection grade/special grade scale of pay in the post of Secondary Grade Teacher in favour of the petitioner’s wife, namely, I.Baby Janat (Late) with consequential retirement benefits and family pension in favour of the petitioner along with interest for delay in payment at the rate of 12% per annum, within a time frame to be fixed by this Court.

For Petitioner : Mr.J.Jayamalan For Respondents : Ms.Mythreye Chandru Special Government Pleader for R1 to R4 Ms.G.Vandhini Karthik for R5

O R D E R

This Writ Petition is filed by the husband/legal heir of one I.Baby Janat, deceased. She was initially appointed as Secondary Grade Teacher in Aided Middle School and was subsequently absorbed into Government service. She served in various Panchayat Union Schools and later in High School as well as Higher Secondary School and was retired from service on

31.05.2008. She passed away on 16.10.2008.

2. Vide G.O.Ms.No.216, Finance Department dated 22.03.1993, the Government extended the benefit of selection grade and special grade to the Secondary Grade Teachers working in High Schools and Higher Secondary Schools on par with those who are working in Elementary Schools. Since the said benefit was not extended to the petitioner’s deceased wife, who was employed in Panchayat School Union and later in High Schools and Higher Secondary Schools, the petitioner filed a writ petition in W.P.No.5097 of 2014 and the same was allowed by the Hon’ble Division Bench of this Court vide order dated 04.02.2015, directing the respondents to extend the benefit of G.O.Ms.No.216 dated 22.03.1993 to the deceased employee. The said decision was also confirmed by the Hon’ble Full Bench of this Court, vide order dated 09.12.2016, wherein, a clarification was issued by the Hon’ble Full Bench of this Court that the benefit shall be extended to the parties who were before this Court though without arrears and with effect from 01.03.2017. The Hon’ble Full Bench of this Court has specifically stated that the benefits shall be extended to the parties who were before this Court as on 09.12.2016 and not later.

3. The claim of the petitioner is that the petitioner’s wife case squarely falls under the category of beneficiaries covered by the judgments of the Hon’ble Division Bench of this Court and the Hon’ble Full Bench of this Court, as the writ petition filed on behalf of the deceased employee has been allowed prior to 09.12.2016 and therefore, the respondents ought to have implemented the order of the Hon’ble Full Bench of this Court and revised the pay, pension and family pension in terms of G.O.Ms.No.216, Finance (Pay Cell) Department, dated 22.03.1993. Though the petitioner has sent a representation to the respondents citing the judgments of the Hon’ble Division Bench of this Court as well as the Hon’ble Full Bench of this Court and requested for fixation of revision pay and family pension in terms of the aforesaid Government order, the same was reje