Government orders concerning pay parity for pre-1994 appointees must be considered when determining seniority-based benefits.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ V.Shanmugavelu S/o. Late. D.Venugopal, Section Officer (Retd.)., Public Works Department, Fort St. George, Secretariat, Chennai 600 009 ..Petitioner(s)

Vs

1. The State Of Tamilnadu Rep. By Its Principal Secretary To Government, Human Resources Management Department, Fort St. George, Secretariat, Chennai 600 009

2. The Additional Chief Secretary to Government Finance Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai 600 009

3. The State Of Tamil Nadu Rep. By Its Principal Secretary To Government, Public Works Department, Fort St. George, Secretariat, Chennai 600 009 ..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order issued by the 1st respondent in Letter No.2617451/ U.Spl/ 2022-4 dated 10.02.2023 and to quash the same and consequently directing the respondents to grant upgradation of pay and post in favour of the petitioner on par with his junior V.Vimala, Joint Secretary to Government in Finance unit in accordance with G.O Ms.No. 31, Personnel and Administrative Reforms Department, dated 01.03.2017, amending Para 6 of G.O. Ms.No.112, Personnel and Administrative Reforms Department dated 13.07.2012 with all consequential and other attendant service benefits including arrears of salary and retirement benefits.

For Petitioner(s): Mr.G.Sankaran Senior counsel for Mr.S.Nedunchezhiyan For Respondent(s): Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, challenging the impugned proceedings dated 10.02.2023 on the premise that G.O.Ms.No.31, Personnel and Administrative Reforms Department, dated 01.03.2017, which is the governing Government Order, has not even been considered while passing the impugned order and thus suffers from non application of mind to factors that are relevant.

2. Brief Facts:

Petitioner was appointed as Typist through Tamil Nadu Public Service Commission (TNPSC) in the office of the Industries Commissioner and Director of Industries and Commerce on 05.01.1987, coming under the Tamil Nadu Ministerial Service. Thereafter, by way of recruitment of transfer, he was appointed as Typist in Tamil Nadu Secretariat Service on 23.05.1993 in II Batch, vide Government Letter No.24535.Per.I/1993-2, Personnel and Administrative Reforms department, dated 06.05.1993, and became a regular member of the said service. Though senior, his request for allotment to the Finance Department was not considered, whereas his junior one V.Vimala, was allotted to the Finance Department on 01.11.1993 and secured promotions as Assistant and Assistant Section Officer, while petitioner was promoted after his junior. Despite issuance of various Government Orders providing for upgradation / stepping up of pay and post of seniors on par with juniors, petitioner’s claim for parity was not considered. Aggrieved, he filed W.P.No.16671 of 2022, which is pending. Petitioner retired on 30.06.2022, and subsequently, his claim was rejected by the impugned order dated 10.02.2023, giving rise to the present Writ Petition.

3. Learned Senior Counsel appearing on behalf of petitioner would submit that originally, the Secretariat comprising of a number of departments was treated as a single unit for the purposes of employment and promotion including to the Finance Department. On 05.06.1970, the Finance D