Madras High Court
WP/20433/2024 of R.JAYAMMA Vs THE SECRETARY TO GOVERNMENT on 28 September 2026
WP No. 20433 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 20433 of 2024
CNR: {HCMA011199152024}
R.Jayamma
W/o J.K. Nanjundan (late)
No 2/292 Annikorai Village And Post
The Nilgiris District.
..Petitioner(s)
Vs
1. The Secretary To Government
Education Department, Fort St George
Chennai 600 009
2. The Chief Education Officer
Udagamandalam Education District
Udagamandalam The Niligiris 643 001.
3. The Head Master
Government Higher Secondary School,
Pandalur Gudalur, The Niligiris 643 001.
..Respondent(s)
Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 2nd respondent to pay the arrears of the salary for the service of the petitioner’s husband Mr.J.K.Nanjudan for the period between 01.06.1988 till 30.06.2006 along with the interest at the rate of 12 percent.
WP No. 20433 of 2024
For Petitioner(s):
Mr.R.Sivakumar
For Respondent(s):
Mr.V.Sivalingam
Government Advocate
*******
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ORDER
The present Writ Petition has been filed seeking a writ of Mandamus directing the 2nd respondent to pay the arrears of salary for the service of the petitioner’s husband Mr.J.K.Nanjundan for the period between 01.06.1988 till 30.06.2006.
2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.
3. It is the contention of the petitioner that the petitioner’s husband Mr.J.K.Nanjundan was appointed as Secondary Grade Teacher in 1966. He was given Selection Grade during 1976 and Special Grade during 1987. Thereafter, he retired from service on 30.06.2006 and died on 26.01.2007. He served as Secondary Grade Teacher in the respondent-Department for more than 40 years without any promotion. Therefore, the Government has passed G.O.Ms.No.216 Finance Department, dated 22.03.1993. Now the contention of the petitioner is that, in spite of the order passed in WP.Nos.19564 to 19573 of 2018 dated
WP No. 20433 of 2024
27.07.2012 [K.Ramadoss and others Vs. The State of Tamil Nadu and 2 others], the respondent has not extending the benefits of G.O.Ms.No.216 dated 22.03.1993.
4. Per contra, the said contention was objected by the learned Government Advocate and would contend that G.O.Ms.No.216 dated 22.03.1993 would applicable only those who got Special Grade between 01.06.1988 to 31.12.1995 and served without any promotion. But, in this case, the petitioner has got Special Grade during 1987 prior to 01.06.1988. Therefore, he is not eligible to have the benefits under G.O.Ms.No.216 dated 22.03.1993.
5. I have given my anxious consideration to either side submissions.
6. Though there were rival contention that G.O.Ms.No.216 dated 22.03.1993 is applicable or not, this Court is of the firm view that it is not necessary at this stage to go into the applicability of G.O.Ms.No.216 dated 22.03.1993. It is relevant to mention that the petitioner has filed WP.No.19564 to 19573 of 2012, wherein this Court has observed as follows:- “9. Following the said orders, the respective impugned order dated 15.04.2011 (W.P.Nos.19564, 19568, 19570/2012) and 04.07.2011 (WP.Nos.19565, 19566, 19567, 19569, 19571, 19572, 19573/2012) passed by the first respondent are set aside and the
WP No. 20433 of 2024
Writ Petitions are allowed. The respondents are directed to extend the benefits of G.O.Ms.NO.216 Finance (PC) Department, dated 22..03.1993 and accordingly award Special Grade Elementary School Head Master pay scale with effect from 01.06.1989 and to the petitioners and revise their pensionary benefits and pay arrears within a period of four weeks from the date of receipt of a copy of this order. No costs.”
7. According to the above order, this Court directed the respondents to implement G.O.Ms.No.216 to the petitioner and award Special Grade Elementary School Headmaster Pay scale with effect from 01.06.1988 and revised the pensionary benefits and pay arrears within a period of four weeks. However, the petitioner’s request was rejected. It is not the case of the Government that they preferred an appeal against the order passed in WP.No.19564 to 19573 of 2012 dated 27.07.2012. Even in the counter affidavit, they did not say anything about the appeal. Therefore, the above order reached finality.
8. Now it is too late in the day for the Government to argue that as against the petitioner, G.O.Ms.No.216 is not applicable. Having this Court has already held that the above G.O.Ms.No.216 dated 22.03.1993 is applicable to the petitioner, there are no other go to the respondents to deny at this length of time. Though the petitioner may be relegated to file a Contempt Petition on the basis
WP No. 20433 of 2024
of the earlier Writ Petition, considering the long lapse of time and also considering the advance age of the petitioner, this Court is of the view that instead of redirecting the petitioner again to move a Contempt Petition, this Court directs the respondents to comply with the order passed in WP.No.19564 to 19573 of 2012 by paying the arrears of salary for the service of the petitioner’s husband for the period between 01.06.1988 to 30.06.2006 along with interest at the rate of 6% per annum, within a period of eight(8) weeks from the date of receipt of a copy of this order.
9. With the above directions, this Writ Petition is allowed. No costs. 28-09-2026 Index: Yes Speaking order Neutral Citation: Yes KMI To
1. The Secretary To Government Education Department, Fort St George Chennai 600 009
2. The Chief Education Officer Udagamandalam Education District Udagamandalam The Nilgiris 643 001.
3. The Head Master Government Higher Secondary School, Pandalur Gudalur, The Niligiris 643 001.
WP No. 20433 of 2024
C.KUMARAPPAN, J. KMI WP No. 20433 of 2024 28-09-2026