Service rendered in aided schools is considered for pay fixation upon government employment, as per relevant statutes.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.9161 of 2023 A.S.Zahir Hussain ... Petitioner Vs.

1.Chief Educational Officer, Virudhunagar District, Virudhunagar.

2.District Educational Officer, Virudhunagar District, Virudhunagar.

3.The Head Master, S.S.S.N.Government Hr. Sec. School, Virudhunagar District, Virudhunagar. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned passed by the first respondent vide his proceedings in Na.Ka.No.1578/A4/2023 dated 15.03.2023 and quash the same as illegal and consequently direct the first respondent to re-fix the pay scale in accordance with Rule 22-B of the Fundamental Rules.

For Petitioner : M/s.H.Jasima Yasmin for M/s.Ajmal Associates For R1 & R2 : Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent vide his proceedings in Na.Ka.No. 1578/A4/2023 dated 15.03.2023 and to quash the same as illegal and consequently direct the first respondent to re-fix the pay scale in accordance with Rule 22-B of the Fundamental Rules.

2. The petitioner herein was initially appointed as a Secondary Grade Teacher in Mohamadiah High School, Sitharkottai, Ramanathapuram, which is an aided school, on 04.09.1995 and continued in the said post till he was appointed as P.G. Assistant (Chemistry) through the recruitment undertaken by the Teacher Recruitment Board on 03.09.2010 and posted at Alagankulam Government High School, Ramanathapuram. Thereafter, the pay of the petitioner was fixed in the said Government High School treating him as a fresh candidate.

Subsequently, the petitioner made a claim for counting the services rendered by him in Mohamadiah High School, Sitharkottai, Ramanathapuram, which is an aided school, for the purpose of fixation of his pay on his appointment as P.G. Assistant (Chemistry) in the Government High School. However, the said claim was rejected by the first respondent by issuing the impugned proceedings dated 15.03.2023. Aggrieved by the same, the petitioner has approached this Court by filing the present Writ Petition.

3. The learned counsel for the petitioner places reliance on the decision of the Hon'ble Division Bench of this Court in W.A.No.3868 of 2019 dated 16.10.2020 [The Secretary to Government, Department of School Education, Fort St. George, Chennai – 600 009 and another vs.

G. Rufus David] in support of his contention.

4. On the other hand, the learned Additional Government Pleader appearing for the first and second respondents places reliance on the decision of yet another Hon'ble Division Bench of this Court in W.A.No. 1118 of 2019 dated 05.03.2021 [The Government of Tamil Nadu, rep. by the Secretary to Government, School Education Department, Fort St.

George, Chennai – 9 and others vs. S. Arulmani] to contend that the petitioner is not entitled to count the past services rendered by him in the previous school for the purpose of fixation of pay.

5. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first and second respondents.

6. Having taken into consideration the overall facts and circumstances of the case, this Court has already considered an identical issue which came up for consideration before this Court recently in W.P. (MD) No.1571 of 2023 [S.Helen Anitha vs. Director of Secondary Education, DPI Complex, College Road