Madras High Court
WP(MD)/18949/2021 of SANTHA.I Vs THE COMMISSIONER OF SCHOOL E on 7 October 2026
WP(MD) No. 18949 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 14-07-2026
Pronounced on : 07.10.2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR JUSTICE B.PUGALENDHI
THE HON'BLE MRS JUSTICE L.VICTORIA GOWRI
WP(MD) No. 18949 of 2021
and
WMP(MD)No.15763 of 2021
Santha.I W/o.R.Vijayakumar
RH-196, TNHB, MADURAI - 625 010.
..Petitioner(s)
Vs
1. The Commissioner Of School Education
Dpi Compound, College Road,
Chennai - 600 006.
2. The Joint Director Of School Education (Personnel)
O/o. The Joint Director Of School
Education(personnel), Dpi Compound, College Road, Chennai - 600 006.
3. The Chief Educational Officer
O/o. The Chief Educational Officer,
Madurai District/
4. The Dist.Educational Officer
O/o. The Dist.Educational Officer, Melur, Madurai District.
5. The Prl.Accountant General (a And E)
Office Of The Accountant General ( A And E)
361 Anna Salai, Teynampet, Chennai - 600 018.
WP(MD) No. 18949 of 2021
6. The Headmaster, Govt.High School,
Semmanipatti, Madurai District.
..Respondent(s)
PRAYER : This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.622/Aa1/2020 dated 26-11-2020
on the file of the respondent No.4 and quash the same as illegal and consequently for a direction, directing the Respondent No.3 to 5 to refix the scale of pay and pension of the petitioner by taking into account of last pay drawn by the petitiioner as on 01-11-2020 and disburse the arrears of differential pay and other consequential benefits to the petitioner in the light of the Judgement of this Court in WP.No.32645/2018 dated 16-07-2019 and W.A.No.3868/2019 dated 16-10-2020 within the time period stipulated by this Court and pass any further or other orders as this Court may deem fit under the circumstances of the case and thus render justice.
For Petitioner(s):
Mr.G.Karthick
for M/s Roy and Roy Associates
For Respondent(s):
Mr.B.Saravanan,
Additional Advocate General assisted by
Mr.K.Kannan, Special Government Pleader
for R1 to R4 and R6
Mr.P.Gunasekaran for R5
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ORDER
The writ petitioner was appointed as Secondary Grade Teacher on 08.06.1998 in St.Xavier’s High School, Shenbaganoor, Kodaikanal. On 01.11.2010, she was selected as B.T.Assistant by way of direct recruitment in
WP(MD) No. 18949 of 2021 Government Higher Secondary School, Chinnakannanur, Sivagangai District. She retired from the said post on 31.05.2019. Seeking refixation of her pay and revision of pensionary benefits, the petitioner submitted a representation dated 04.11.2019. Since the same was not considered, the petitioner filed WP(MD)No.26581 of 2019 seeking re-fixation of pay. A learned Single Judge of this Court directed the respondents therein to consider the petitioner’s representation. However, the petitioner’s request was rejected vide order dated 26.11.2020. Challenging the same, this writ petition has been filed.
2. Vide order dated 07.10.2026 in WP(MD)Nos.17077 of 2020, 2069 of 2021, 22279 of 2023, 3643 of 2024, 3818 of 2024 and WA(MD)No.2079 of 2024, we had held that the pay of a directly recruited candidate drawn in a post in government schools cannot be fixed by taking into account the last pay drawn by him or her in an aided institution. We endorsed the view taken in S.K.Kannan v. The Director of School Education (WA(MD)No.627 of 2022). We also held Secretary to State Government v. G.Rufus David (WA No.3868 of 2019) did not lay down the correct law. Though the petitioner herein has retired from service, it will not make any difference. When pay protection itself was not granted, question of revising the petitioner’s pension would not arise at all.
WP(MD) No. 18949 of 2021
3. For the foregoing reasons, this writ petition is dismissed. No costs. Connected miscellaneous petition is closed. (G.R.S.,J.) (B.P.,J.) (L.V.G.,J.) 07.10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SKM To
1. The Commissioner Of School Education Dpi Compound, College Road, Chennai - 600 006.
2. The Joint Director Of School Education (Personnel) O/o. The Joint Director Of School Education(personnel), Dpi Compound, College Road, Chennai - 600 006.
3. The Chief Educational Officer, O/o. The Chief Educational Officer, Madurai District
4. The Dist.Educational Officer O/o. The Dist.Educational Officer, Melur, Madurai District.
5. The Prl.Accountant General (a And E) Office Of The Accountant General ( A And E) 361 Anna Salai, Teynampet, Chennai - 600 018.
6. The Headmaster, Govt.High School, Semmanipatti, Madurai District.
WP(MD) No. 18949 of 2021 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. L.VICTORIA GOWRI, J. skm WP(MD) No. 18949 of 2021 07.10-2026