IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA &

WMP No. 14720 of 2026 S.Suresh ..Petitioner(s)

Vs

1. The State Of Tamilnadu Rep. By Its Deputy Secretary To Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009 .

2. The State Of Tamilnadu Rep. By Its Secretary To Government, Department, Secretariat, Fort St.George, Chennai - 600 009.

3. The Director Of Elementary Education, Anbazhagan Kalvi Valagam, College Road, Chennai - 600 006.

4. The District Educational Officer (elementary)

TirupathurDistrict, Tirupathur.

5. The Accountant General/(a And E)

Office of the Principal Accountant General, Anna Salai, Teynampet, chennai - 600 018.

..Respondent(s)

Prayer: This petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus to call for the records relating to the Impugned order of 1st respondent by his proceedings in Letter No.11100/Tho.Ka.1(1)/2023-1 dated 15.12.2023 to quash the same and consequently directing the respondents to continue to sanction pension and other terminal benefits, based on the last pay drawn by the petitioner.

For Petitioner(s): Mr. P.Murali For Respondent(s): Mr. R.Neelakandan Additional Advocate General Assisted by Mr. M.Bindran Additional Government Pleader (R1, R3 and R4)

Mr. P.S.Raman Advocate General Assisted by Mrs. Mythree Chandru Special Government Pleader (R2)

Mr. V.Vijay Shankar Standing Counsel (R5)

ORDER

This writ petition is filed for the following relief:

“To call for the records relating to the Impugned order of

1st respondent by his proceedings in Letter No.11100/Tho.Ka.1(1)/2023-1 dated 15.12.2023 to quash the same and consequently directing the respondents to continue to sanction pension and other terminal benefits, based on the last pay drawn by the petitioner.”

2. Heard the learned counsels on both sides and perused the materials available on record.

3. The issue involved in the present writ petition was earlier considered in a batch of writ petitions in W.P.No.12275 of 2024 dated 02.03.2026, wherein a similar relief was claimed. The learned Judge after hearing the arguments of both sides and discussing the relevant Rules and Government Orders in detail, had ultimately disposed of the writ petitions with directions. These directions are extracted herein below:

85. In the result, all the writ petitions are disposed of with the following directions:~

i) The impugned order directing the fixation of the selection grade/special grade scale of pay at the first promotional level and 2nd promotional level is set aside to the extent that there shall be no recovery of amount, which has already been paid, from the petitioners ;

ii) Insofar as the petitioners, who have retired from service is concerned, no amount shall be recovered on the basis of the impugned order from the retiral benefits/pensionary benefits of the petitioners with regard to the amount already paid;

iii) Insofar as the petitioners, who are still in service, no amount shall be recovered on the basis of the impugned order from the salary of the petitioners with regard to the amount already paid;

iv) In case any amount has already been recovered from any of the petitioners towards excess payment made in the selection grade scale, the same shall not be refunded to the petitioners and the respondents shall refix the selection grade scale of pay of the said petitioners after amendment to FR 22~B and, thereafter, upon computation, if any amount is due and payable to any of petitioners, the same shall be paid by the respondents forthwith;

v) Until FR 22~B is amended so as to include the directions given in G.O. Ms. No.63305/Pay Cell/2010~1 dated 8.11.2010, more particularly para 4 (i) of the said Government Order, no action shall be taken by the respondents to refix the scale of pay of the petitioners and similarly placed persons;

vi) Subject to amendment, if any, that may be made to FR 22~B, with reference to G.O. Ms. No.63305/Pay