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2026 Supreme(Online)(Mad) 44619
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
G.Baskar Wilson – Appellant
Versus
State of Tamil Nadu – Respondent
WP Nos. 1417 of 2026|WP Nos. 2012 of 2026|WP Nos. 2003 of 2026|WP Nos. 32520 of 2025
Important Points
Subject
Service Law - Pension and Retirement Benefits
Act Referred
Headnote
Facts of the case:
The petitioners, retired primary school headmasters, challenged various government communications and orders directing the re-fixation of their pensionary benefits or salary scales/recovery of excess payments, seeking a restoration of their benefits based on their last drawn salary.
Findings of Court:
The Court observed that the matter was identical to issues settled in a previous batch of writ petitions (W.P.No.12275 of 2024). It directed that no recovery of alleged excess payments be made from the petitioners and that future pay/pension fixation must strictly adhere to the modalities set forth in the earlier judgment, pending formal amendments to relevant service rules.
Issues: Whether the recovery of alleged excess payments made to employees towards selection/special grade pay scales is legally permissible, and whether the pensionary benefits of retired headmasters should be calculated based on their last drawn salary.
Ratio Decidendi: Following the doctrine of precedent, the Court reasoned that since the issues were identical to those addressed in a previously decided batch of cases, the same directives regarding the prohibition of recovery and the prospective nature of pay re-fixation should govern the present petitions.
Result: Petitions disposed of in terms of the earlier order.
For the Appellants/Petitioners: S.Nedunchezhiyan
For the Respondents: Mythreye Chandru, V.Vijay Shankar
| Table of Content |
|---|
| 1. prayer for quashing orders regarding pensionary benefits fixation. (Para 1) |
| 2. prohibition of recovery of excess payments and prospective implementation of pay re-fixation. (Para 2 , 3) |
| 3. the disposal of the petition based on an earlier binding precedent. (Para 4) |
WP No.1417 of 2026
PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order issued by the 1st respondent in Letter No.11100/ PE 1 /2023 -1 School Education Department dated 15/12/2023, the subsequent impugned order issued by the 6th respondent in E16 / 4 /11635989 / ADK /891 dated 22 /07/2025 and the subsequent impugned order issued by the 5th respondent in Na.Ka.No.Aa /49 /2025 dated 19/11/2025 and quash the same and consequently, directing the respondents to settle the revised pensionary benefits to the petitioner in the post of primary School Headmaster as on the date of retirement on 31/05/2025 based on the last drawn salary in accordance with the Tamil Nadu Pension Rules along with interest for delay in Settlement of retirement benefits at the rate of 12 Percent per annum.
For Petitioner(s): Mr.S.Nedunchezhiyan
For Respondent(s): Mrs.Mythreye Chandru, SGP for R1-5,
Mr.V.Vijay Shankar, Standing Counsel for R6
WP No. 2012 of 2026
PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order issued by the 1st respondent in Letter No.11100/ PE(1) / 2023- 1 School Education Department dated 15/12/2023, the subsequent impugned order issued by the 4th respondent in Na.Ka.No. 1361/ A5/ 2025 dated 3.03.2025 and the subsequent impugned order issued by the 4th respondent in Na.Ka.No.277/ A5/ 2025 dated 3.03.2025 and to quash the same and consequently, directing the respondents to settle the pensionary benefits to the petitioner in the post of primary School Headmaster as on the date of retirement on VRS on 31.08.2024 based on the last drawn salary in accordance with the Tamil Nadu Pension Rules along with interest for delay in Settlement of retirement benefits at the rate of 12 Percent per annum.
For Petitioner(s): Mr.S.Nedunchezhiyan
For Respondent(s): Mrs.Mythreye Chandru, SGP for R1-4,
Mr.V.Vijay Shankar, Standing Counsel for R6,7
WP No. 2003 of 2026
PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order issued by the 1st respondent in Letter No.11100/ PE(1) / 2023- 1 School Education Department dated 15/12/2023, the subsequent impugned order issued by the 4th respondent in No. 1582/ A1/ 2025 dated 11.08.2025 and to quash the same and consequently, directing the respondents to settle the revised pensionary benefits to the petitioner in the post of primary School Headmaster as on the date of retirement on 31/05/2025 based on the last drawn salary in accordance with the Tamil Nadu Pension Rules along with interest for delay in Settlement of retirement benefits at the rate of 12 Percent per annum.
For Petitioner(s): Mr.S.Nedunchezhiyan
For Respondent(s): Mrs.Mythreye Chandru, SGP for R1-4,
Mr.V.Vijay Shankar, Standing Counsel for R5
WP No. 32520 of 2025
PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned Government letter issued by the 1st respondent in Letter No. 11100/ Tho.Ka.1(1) / 2023-1 School Education Department dated 15.12.2023 and the subsequent impugned order issued by the 5th respondent in No. AG (A and E) / PEN E16/ 11635870/ 5/ 82228228/ 422 dated 23.07.2025 and to quash the same and consequently directing the respondents to restore the pension based on the pension payment order issued by the 5th respondent in No. AG ( A and E) / PEN P22/ 12228228/
