IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.02.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and WM.P.Nos.37300 & 37301 of 2018 Tony Augastin ...Petitioner Vs.

1.Govt. of Tamil Nadu Rep.by the Secretary Higher Education (G2 Department)

Secretariat, Chennai -9.

2.Principal Accountant General (A & E)

361, Anna Salai Chennai 600 018.

3.The Director of Collegiate Education College Road Chennai 6.

4.The Joint Director of Collegiate Education Chennai Region Chennai.

5.The Secretary Women’s Christian College Nungambakkam Chennai.

6.The Sub Treasury Egmore – Nungambakkam Taluk Office Campus Spurtank Road, Chennai 600 031. ...Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to proceedings No.P23/3/12321609/ADK dated 10.10.2018 issued by the 2^nd Respondent, quash the same and direct the 2^nd respondent to pay pension on the last drawn pay of the petitioner namely Rs.62,200/-.

For Petitioner : Mr.R.Subramanian For Respondents : M/s.Hema Muralikrishnan Standing Counsel for R1 Mr.Vadivelu Deenadayalan for R2 & R3 Additional Government Pleader

ORDER

The petitioner has sought for the following relief:-

“To call for the records pertaining to proceedings No.P23/3/12321609/ADK dated 10.10.2018 issued by the 2^nd Respondent, quash the same and direct the 2^nd respondent to pay pension on the last drawn pay of the petitioner namely Rs.62,200/-.”

2. By the impugned proceedings, the second respondent has taken the Grade Pay of the petitioner as Rs.2,400/- for the purpose of computing pension and pensionary benefits.

3. The petitioner was initially appointed as a Lab Assistant, and he was awarded Selection Grade in the post of Lab Assistant on 01.07.1990 after completion of ten years of service. He was subsequently promoted as Junior Assistant on 01.07.1998 and as Assistant on 01.07.2011. Since the pay scale assigned to the post of Junior Assistant was lesser than the Selection Grade pay granted to the petitioner, he opted to continue in the scale of pay applicable to the post of Lab Assistant.

4. Subsequently, upon his promotion to the post of Assistant on

01.07.2011, the same pay scale was continued with increment. The petitioner retired from service on 30.09.2018. The fourth respondent/Joint Director of Collegiate Education forwarded the pension proposal dated 31.08.2018. Thereafter, the proposal was sent to the second respondent for computation of the pension and pensionary benefits payable to the petitioner. In turn, the second respondent addressed a letter seeking clarification for reviewing the pension proposal.

5. In response, the fourth respondent sent a communication dated

12.11.2018 along with the petitioner’s representation dated 31.10.2018, stating that the petitioner had been promoted to the post of Junior Assistant (a higher post) but had opted to draw pay in the scale of the lower post, i.e., the Lab Assistant post, as the lower post scale of pay was higher than that of the promoted post. Hence, sanction of Grade Pay of Rs.4,200/- to the petitioner was stated to be correct.

6. Accordingly, the present Writ Petition has been filed to quash the impugned order of the second respondent and to direct the second respondent to compute and pay pension based on the last drawn pay of the petitioner.

7. Mr.R.Subramanian, learned counsel for the petitioner, submitted that the petitioner had opted for the scale of pay in the lower post in terms of G.O.Ms. No.590, Finance (Pay Cell) Department, dated 01.08.1992, and the option exercised by the petitioner having been accepted by the State, the second respondent committed an error in fixing the Grade Pay of the petitioner at Rs.2,400/- instead of Rs.4,200/-.

8. He further submitted that a clarification had been issued by the third respondent dated 08.07.2011, wherein it was stated that persons who had been granted Selection Grade/Special Grade prior to 01.01.2006 and thereafter, du