Madras High Court
WP(MD)/30111/2024 of K.Sahayaraani Vs State of Tamil Nadu on 7 October 2026
WP(MD) No. 30111 of 2024
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. 30111 of 2024
K.Sahayaraani W/o.Vincent Dhanaraj,
No.79, Greens 7th Street,
Bharathi Nagar, Crawford, Trichy - 620 012.
..Petitioner(s)
Vs
1. State of Tamil Nadu
Represented by its Principal Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.
2. State of Tamil Nadu
Represented by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.
3. The Director of Collegiate Education
Chennai - 6.
4. The Regional Joint Director of Collegiate Education Trichy Region, Trichy District.
5. Kalai Kaviri College of Fine Arts
Represented by its Secretary,
18-Benwells Road, Cantonment,
Trichy - 1.
..Respondent(s)
WP(MD) No. 30111 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration to declare the the Rule 22-B(6)
of the Fundamental Rules which was introduced by way of G.O.Ms.No.889, Finance (F.R.I.) dated 12.08.1976 and consequential Impugned Order in Na.Ka.No. 4896/E3/2023 dated 21.08.2023 on the file of the Respondent no.4
as illegal and consequently for a direction, directing the respondents to grant pay protection to the petitioner by refixing the scale of pay of the petitioner by taking into account the last pay drawn by the Petitioner as on 31.07.2018 in the post of Dance Teacher in the Government Music School coming under Department of Art and Culture and disburse the arrears of differential pay and other consequential benefits to the petitioner within the time period stipulated by this Honble Court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
For Petitioner(s):
Mr.G.Karthik
for M/s.Roy And Roy Associates
For Respondent(s):
Mr.B.Saravanan, Additional Advocate
General assisted by Mr.M.Kannan,
Special Government Pleader
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ORDER
The petitioner herein was appointed as Dance Teacher on 09.07.1998 at Government Music School under regular time scale of pay. She was selected to the post of Assistant Professor, Bharathanatyam in the fifth respondent college on 01.08.2018. Seeking pay protection and re-fixation of salary, she sent a representation dated 01.08.2018. Her request was rejected vide order dated
WP(MD) No. 30111 of 2024 21.08.2023. Challenging the rejection order and seeking to declare FR22B(6) introduced vide G.O Ms.No.889 dated 12.07.1976 as null and void, 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. However, this writ petition cannot be disposed of on the basis of the order dated 10.2026 answering the reference. This is because, the petitioner herein had also questioned the validity of FR22B(6) introduced vide G.O Ms.No.889 dated 12.07.1976. We therefore, direct the Registry to list this writ petition before the Hon’ble Division Bench holding the roster. The Division Bench shall dispose of the writ petition after deciding the validity of FR22B(6) and in the light of the decision made by the Full Bench as mentioned above. (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
WP(MD) No. 30111 of 2024 To
1. State of Tamil Nadu Represented by its Principal Secretary to Government, Finance Department, Secretariat, Chennai - 600 009.
2. State of Tamil Nadu Represented by its Principal Secretary to Government, Higher Education Department, Secretariat, Chennai - 600 009.
3. The Director of Collegiate Education, Chennai - 6.
4. The Regional Joint Director of Collegiate Education Trichy Region, Trichy District. Copy to : The Registrar (Judicial), Madurai Bench of the Madras High Court, Madurai.
WP(MD) No. 30111 of 2024 G.R.SWAMINATHAN, J. AND B.PUGALENDHI, J. L.VICTORIA GOWRI, J. skm WP(MD) No. 30111 of 2024 07-10.2026