Madras High Court
The Principal Secretary To The ... vs G.Suresh Kumar on 29 August, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)Nos.468 of 2025 & batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 08.08.2025
Pronounced on : 29.08.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)Nos.468, 469, 470, 471, 472, 473, 474,
1365, 1366, 1367, 1368, 1369, 1370, 1371,
1372, 1373, 1374, 1375 and 1520 of 2025
and
C.M.P.(MD)Nos.3709, 3715, 3712, 3718, 3713, 3714,
3716, 8280, 8281, 8282, 8283, 8285, 8286, 8287,
8288, 8289, 8290, 8291 and 8756 of 2025
W.A.(MD)No.468 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
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W.A.(MD)Nos.468 of 2025 & batch
Vs.
G.Suresh Kumar ... Respondent
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12679
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.469 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
2/40
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W.A.(MD)Nos.468 of 2025 & batch
Vs.
S.Jeya Suria Prabha ... Respondent
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12682
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.470 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
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W.A.(MD)Nos.468 of 2025 & batch
J.Athisayam ... Respondent
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12687
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.471 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
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W.A.(MD)Nos.468 of 2025 & batch
K.G.Sankaranarayanan ... Respondent
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12690
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.472 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
P.Jagannathan ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12691
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.473 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
S.Johnson ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12694
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.474 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
M.Murugamani ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12696
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1365 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
K.Rajasundar ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12677
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1366 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
K.P.Muthusamy ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12678
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1367 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
P.Ganapathi ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12680
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1368 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
Virgin Willy ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12683
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1369 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
S.Pandi ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12685
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1370 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
V.Jebaraj Jebamoni ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12692
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1371 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
L.Gurumoorthi ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12693
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1372 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
K.Kadasari ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12695
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1373 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
C.Jeyarani Gnanadevi ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12697
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1374 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
K.Ayyanar ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12698
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1375 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
T.Suyambulingam ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12700
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
W.A.(MD)No.1520 of 2025:-
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006. ... Appellants
Vs.
S.Thanga Raj ... Respondent
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W.A.(MD)Nos.468 of 2025 & batch
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.12699
of 2024 dated 14.06.2024 on the file of this Court.
For Appellants : Mr.P.S.Raman,
Advocate General,
Assisted by Mr.J.Ashok,
Addl. Government Pleader.
For Respondent : Mr.R.Saravanan
COMMON JUDGMENT
(By G.R.SWAMINATHAN, J.) Heard both sides.
2.The State Government has filed these writ appeals questioning the common order dated 14.06.2024 passed by the learned Single Judge allowing W.P.(MD)Nos.12677 to 12700 of 2024.
3.The writ petitioners were appointed as Vocational Instructors. They were granted selection grade as well as special grade of pay. They had since retired from service. They were drawing basic pay of Rs. 7,075/- as on 01.01.2006. The pay scales of the government employees 20/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch were revised with effect from 01.01.2006 following implementation of the recommendations of the 6th pay commission notionally with effect from 01.01.2006 and with monetary benefit with effect from 01.01.2007 vide G.O.(Ms)No.234 Finance (Pay Cell) Department dated 01.06.2009.
4.The Tamil Nadu Revision of Scales of Pay Rules, 2009 came into force with effect from 01.06.2009. The existing scales of pay and the revised scales of pay were set out therein. As per the above, the employees can migrate to the revised scales of pay at any point of time from 01.01.2006 to 31.05.2009 by giving option to migrate to revised scales of pay either on the date of increment or on the date of promotion or on the date of conferment of selection grade / special grade, whichever is beneficial to them. The option was to be exercised within three months. While exercising such migration to the revised structure, the following rule is to be followed:-
“4. Fixation of Pay in the revised pay structure:-- The initial pay of a Government employee who elects to be governed by the revised pay structure from 1 January 2006 shall be fixed separately in respect of his substantive pay in the permanent post on which he 21/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch holds a lien or would have had a lien if it had not been suspended and in respect of his pay in the officiating post held by him, in the following manner, namely:--
(1) In the case of all employees :--
(i) The pay in the pay band / pay scale shall be determined by multiplying the existing basic pay as on 1-1-2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
(ii) If the minimum of the revised pay band / pay scale is more than the amount arrived at as per (i) above, the pay shall be fixed at the minimum of the revised pay band / pay scale;
(iii) Where, in the fixation of pay, the pay of Government employees drawing pay at two or more consecutive stages in the existing scale gets bunched, that is to say gets fixed, in the revised pay structure at the same stage in the pay band, then for every two stages so bunched, benefit of one increment shall be given so as to avoid bunching of more than two stages in the revised running pay bands. For this purpose, the increment will be calculated on the pay in the pay band only and grade pay should not be taken into account for the purpose of granting increments to alleviate bunching.
(iv) In the case of pay scales in Higher Administrative Grade (HAG) in the Pay Band 4, benefits of increments due to bunching shall be given taking into account all the stages in different pay scales in this grade.
(v) If by stepping up of the pay as above, the pay of a Government employee gets fixed at a stage in the revised pay band / pay scale (where applicable) which is higher than the stage in the 22/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch revised pay an employee who was drawing pay at the next higher stage or stages in the same existing scale is fixed, the pay of the latter shall also be stepped up only to the extent by which it falls short of that of the former.
(vi) the pay in the pay band will be determined in the above manner. In addition to the pay in the pay band, grade pay corresponding to the existing scale will be payable. NOTE:- See Illustration-1 to 9 in Schedule Ill to these rules.
(2) If a Government employee is on leave on 1st January 2006, he shall be entitled to the revised pay structure from that date, but the pay so fixed in the revised scale shall be admissible to him only from the date of his return to duty in the post after the expiry of leave and the period commencing on the 1st January 2006 and ending with the date of such return will count for future increment in the revised pay structure depending on whether it will count for future increments in the existing scale.
(3) Similarly where a Government employee is on study leave on the first day of January, 2006 he will be entitled to the benefits under these Rules from 1-1-2006 or the date of option.
(4) A Government employee who on the 1 January 2006 is on leave preparatory to retirement, shall be entitled to choose his pay either in his substantive post or in the officiating post in the revised scale with effect from date for the purpose of computing his gratuity and pension.
(5) If a Government employee was under reduction of pay or stoppage of increment as a penalty on the 1st January 2006 his pay shall be fixed in the revised pay structure on the basis of present 23/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch emoluments he drew on the 1st January 2006 and he shall continue to draw the pay so fixed in the revised scale till the expiry of the period of penalty. His pay in the revised scale shall be refixed immediately following the date of expiry of the period of penalty with reference to the present emoluments which he would have drawn on the 1st January, 2006 taking the fact into consideration whether the penalty awarded is with or without cumulative effect. If, for instance, a Government employee’s increment falling due on the 1 January, 2006 had been postponed for a year without cumulative effect, his actual present emoluments as on the 1st January 2006 would be the basis for determination of his revised pay with effect from the 1st January, 2006 and the pay so fixed shall be in force upto the 31st December 2006. However, for purpose of determination of his pay with effect from 1st January 2007 his pay on the 1st January 2006 shall be refixed notionally based on the present emoluments which he would have received on the 1 January 2006 but for his penalty and he will get the next increment on the 15t January 2007 from that stage.
(6) If, however, the penalty of stoppage of increment due on the 1 January 2006 had been awarded with cumulative effect, the revised pay shall be fixed based on the actual present emoluments as on the 1st January 2006. There shall be no refixation of pay in this case.
(7) If a Government employee is under suspension on the 1st January 2006, or if he was discharged or reverted from a post before that date and is reappointed to that post after that date, he shall be entitled to the revised scales of pay only from the date on 24/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch which he returns to duty in the post or from the date of his reappointment to that post.”
5.The stand of the writ petitioners is that Rule 4(1)(iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 is applicable to them and that as per additional fitment table 15, they are entitled to basic pay of Rs.21,470/-. Their grievance is that they have been placed in the basic pay of Rs.21,000/-. They, therefore, filed writ petitions to direct the appellants to refix their scale of pay and grant consequential benefits by applying additional fitment table 15. As already mentioned, the learned Single Judge allowed the writ petitions vide order dated 14.06.2024.
6.The question that calls for consideration is whether the order of the learned Single Judge is sustainable or warrants interference.
7.The learned Single Judge noted that the same issue was raised in the Principal Seat in W.P.No.15570 of 2021 (C.Arumugam Vs. State of Tamil Nadu and Others) and that the said writ petition was allowed on 29.02.2024. In that view of the matter, the present set of writ petitions 25/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch were allowed in the light of the earlier order dated 29.02.2024. The learned counsel appearing for the contesting respondents strongly submitted that interference with the order of the learned Single Judge is not called for. They filed written notes of arguments.
8.As rightly argued by the learned Advocate General, what has to be seen is under what circumstances, the additional fitment table 15 can be applied.
9.When the pay commission recommendations were enforced, it gave rise to certain anomalies. To examine the same, the State Government constituted a One Man Commission vide G.O.(Ms)No.449 Fiance Department dated 09.09.2009. The One Man Commission went into the anomalies and offered its recommendations in respect of various departments. Accepting the said recommendations, the government issued a series of government orders (ie., G.O.(Ms)No.254 Finance Department dated 26.08.2010 to G.O.(Ms)No.340 Finance Department dated 26.08.2010). For instance, G.O.(Ms)No.254 dated 26.08.2010 pertained to the post of Steno-Typist Grade 1. G.O.(Ms)No.255 dated 26/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch 26.08.2010 pertained to Superintendent in Governance Household. G.O.(Ms)No.273 dated 26.08.2010 pertained to the post of Superintendent of Physical and Training Officer in the department of Employment and Training. Thus, each of the 87 government orders pertained to either a post following under common category or to a particular post in a particular department. Consequent to the revision of pay scales pursuant to the implementation of the recommendation of the One Man Commission, the scales of pay of some of the categories in various departments were elevated from one pay band to another pay band. In order to fix their pay, additional fitment tables were required. Accordingly, the Principal Secretary to Government, Finance Department, Government of Tamil Nadu issued letter dated 15.09.2010 containing additional fitment tables 1 to 17. The Heads of the department / pay fixing authority were called upon to adopt the relevant additional fitment table for fixing the pay of the employees whose scales of pay have been revised based on the government orders issued vide G.O.(Ms)No.254 to G.O.(Ms)No.340 dated 26.08.2010. For the sake of easy understanding, the text of the said letter is extracted as follows:- 27/40
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10.From this, one can easily come to the conclusion that in order to apply the additional fitment table 15, it must be shown that the post of Vocational Instructors is covered in one of the government orders from G.O.(Ms)No.254 to G.O.(Ms)No.340 dated 26.08.2010. The corollary is 28/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch that if the post of Vocational Instructors is not covered under any of the aforesaid 87 government orders, the question of applying the additional fitment table 15 will not arise at all.
11.Instead of approaching the issue from the above perspective, the learned Judge posed a question if Rule 4(1)(iii) is applicable. After observing that the claim of the writ petitioners rests on Rule 4(1)(iii), reference is then made to the additional fitment table 15. Upon being satisfied that the grievance of the writ petitioners is justified and that their case will fall under Rule 4(1)(iii), the learned Single Judge abruptly arrives at the conclusion that the writ petitioners are entitled to relief as sought for. In that view of the matter, the proceedings dated 17.02.2020 issued by the Secretary to Government, Education Department was set aside and the government was directed to reconsider the pay fixation with additional fitment table 15 vide order dated 29.02.2024 made in W.P.No.15570 of 2021 (C.Arumugam Vs. State of Tamil Nadu).
12.We cannot approve the aforesaid order made in W.P.No.15570 of 2021. This is for more than one reason. Firstly, the learned Single 29/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch Judge had failed to note that additional fitment table 15 can be applied only if it is shown that the pay band of the post in question had been elevated from one pay band to another pay band on account of implementation of the recommendations of the One Man Commission.
Nowhere such a finding has been given. Secondly, according to the learned Single Judge, if Rule 4(1)(iii) is applied in its real sense, additional fitment table 15 has to be applied to the post of Vocational Instructors also. This is incorrect. There is is no logical basis for linking Rule 4(1)(iii) of Tamil Nadu Revised Scale of Pay Rules, 2009 with the additional fitment tables annexed to government letter dated 15.09.2010. Thirdly, matters relating to pay fixation cannot be adjudicated by the Writ Courts since they have large financial implications. They are essentially policy decisions to be taken by the government.
13.Not all Vocational Instructors were getting the same pay as on 01.01.2006. Their pay was revised by applying the multiplying their existing basic pay as on 01.01.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10. As per Rule 4(1)(ii), if the 30/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch minimum of the revised pay band / pay scale is more than the amount arrived at as per the method mentioned above, it shall be fixed at the minimum of the revised pay band / pay scale. The consequence of adopting this method was that those who were getting higher pay as on 01.01.2006 and those who were getting lesser pay in the post of Vocational Instructors got bunched and were placed at the same level. This had to be necessarily set right. Rule 4(1)(iii) of the Tamil Nadu Revised Scale of Pay Rules, 2009 provided the solution. Since the Vocational Instructors placed their grievances complaining of anomalies, the Pay Grievance Cell was constituted under G.O.(Ms)No.123 Finance Department dated 10.04.2012. Based on its recommendations, G.O.(Ms)No.263 Finance Department dated 22.07.2013 was issued and the revision took place as follows:
Name of the Post Existing scale of pay + Revised scale of pay + Grade pay Grade pay Vocational Teachers / 9300 – 34800 + 4400 9300 – 34800 + 4600 Instructors It is clear from above that the revision that was made was only in respect of grade pay. The pay band was not all at touched or revised. The pay scale or the pay band of the Vocational Instructors remained the same and 31/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch it was not elevated from one level to another level. As already mentioned, only if there is revision from one pay band to higher level, the additional fitment table will apply and not otherwise. The migration from one pay band to higher pay band is a pre-requisite condition for invoking additional fitment table. This pre-condition has not been fulfilled in the case of Vocational Instructors. To reiterate, revision should be in the case of ordinary grade scale of pay. The ordinary grade scale of Vocational Instructors did not witness any migration to higher level consequent to the recommendation of One Man Commission vide G.O.(Ms)Nos.254 to 340 Finance Department dated 26.08.2010.
14.What was revised was only the pay scales of those Vocational Instructors who were in the selection grade. Their pay scales was revised to Rs.15,600 - 39100+ GP 5400/-. The pay scale of those Vocational Instructor in the special grade was revised to Rs.15,600 – 39100 + GP 5700/-. When the government vide letter No.66858/CMPC/2013-2 dated 22.08.2014 took the stand that the revised selection grade scale of pay for the Vocational Instructors would also be Rs.9300 – 34800 + GP 4800/-, it was quashed vide order dated 19.03.2018 in W.P.(MD)No.2654 of 2018 etc batch. The order passed in the aforesaid writ petitions was also 32/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch implemented by the government vide G.O.(Ms)No.306 Finance Department dated 12.09.2018. The said government order is as follows:- 33/40
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch 34/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch 35/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm ) W.A.(MD)Nos.468 of 2025 & batch Thus, the grievances of the Vocational Instructors in selection grade and special grade have already been redressed. The Vocational Instructors were originally treated on par with B.T. Assistants. The B.T. Assistants had two promotional opportunities. The first level of promotion was as P.G. Assistant / High School Headmaster and the second level was as Higher Secondary School Headmaster. If a B.T. Assistant stagnated without getting promotion, the selection grade / special grade scale of pay has to be fixed by restricting to the first level and second level promotion post, as a result, the position of B.T. Assistant was as follows:-
Ordinary Grade Selection Grade Special Grade 9300-34800+G.P.4600 9300-34800+G.P.4800 15600-39100+G.P.5700
15.The learned Advocate General commented that even though the educational qualification of Vocational Instructors cannot be compared at all to that of a B.T. Assistant still, a selection grade Vocational Instructor gets more grade pay whereas a special grade Vocational Instructor is in a far higher pay scale.36/40
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16.For those in higher administrative grade or in pay band 4, the benefits of increment due to bunching shall be given taking into account all the stages in different pay scales in that grade. Admittedly, the Vocational Instructors do not fall in higher administrative grade and they are not in pay band 4. Therefore, they cannot invoke the said rule.
17.Looked at from any angle, the order of the learned Single Judge cannot be sustained. It is set aside. These writ appeals are allowed. No costs. Consequently, connected miscellaneous petitions are closed.
(G.R.S. J.,) & (K.R.S. J.,)
29.08.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
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To
1. The Principal Secretary to the Government,
Finance Department, Fort St. George,
Chennai – 600 009.
2. The Principal Secretary to the Government,
School Education Department,
Fort. St. George, Chennai – 600 009.
3. The Director of School Education,
DPI Compound, College Road,
Chennai – 600 006.
4. The Joint Director (Vocational),
Directorate of School Education,
DPI Compound, College Road,
Chennai – 600 006.
38/40
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39/40
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and K.RAJASEKAR, J.
ias/SKM Pre-Delivery Common Judgment in W.A.(MD)Nos.468, 469, 470, 471, 472, 473,474, 1365, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375 and 1520 of 2025 29.08.2025 40/40 https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/09/2025 04:06:18 pm )