Dismissed¶32

The Director General v. P Govindaraju

Madras HC18 Jun 2025WA(MD)/1549/2025

Case brief

AI extract

What is this about?

Writ appeal dismissed; pay anomaly; Sixth Pay Commission recommendations; G.O.(Ms)No.234 Finance (Pay Cell) Department dated 01.06.2009; TNPSC recruitment notification 06.12.2007; delayed appointment order 21.01.2010; selected before 01.06.2009 appointed on or after 01.06.2009 due to administrative reasons; First Bench order dated 01.12.2023 in W.A.(MD)Nos.520 of 2023 etc batch followed; Highways Department officials v. P.Govindaraju; Clause XV Letters Patent; W.P.(MD).No.19586 of 2024; Madras High Court Madurai Bench; decided 18.06.2025.

What did the court decide?

None to the appellants; the writ appeal was dismissed with no costs and the connected miscellaneous petition (C.M.P.(MD)No.8831 of 2025) closed, leaving the learned Single Judge's order undisturbed. ¶32

The Director General Vs P Govindaraju — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellants; the writ appeal was dismissed with no costs and the connected miscellaneous petition (C.M.P.(MD)No.8831 of 2025) closed, leaving the learned Single Judge's order undisturbed.

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Issue for consideration

Whether the writ appeal filed under Clause XV of the Letters Patent by the Highways Department officials should be allowed by setting aside the order dated 12.12.2024 in W.P.(MD).No.19586 of 2024, concerning the writ petitioner's entitlement under G.O.(Ms)No.234 Finance (Pay Cell) Department dated 01.06.2009.

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Court's answer

The writ petitioner's case clearly falls under the category of those selected prior to 01.06.2009 but appointed on or after 01.06.2009 due to administrative reasons, to whom the Sixth Pay Commission recommendations were extended under G.O.(Ms)No.234 Finance (Pay Cell) Department dated 01.06.2009.

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Ratio / Principle

Since relief to similarly placed individuals was upheld by the Hon'ble First Bench vide order dated 01.12.2023 in W.A.(MD)Nos.520 of 2023 etc batch and the case on hand is squarely covered by that order, interference with the order of the learned Single Judge is not called for; the writ appeal is dismissed with no costs and the connected miscellaneous petition is closed.

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Detailed headnote1 paragraphs

Madurai Bench of Madras High Court (G.R.Swaminathan, J., for the bench comprising K.Rajasekar, J.), 18.06.2025 — dismissed W.A.(MD)No.1549 of 2025 filed by the Director General, Divisional Engineer and Assistant Divisional Engineer, Highways Department, seeking to set aside the order dated 12.12.2024 in W.P.(MD).No.19586 of 2024. The writ petitioner (P.Govindaraju) succeeded in the TNPSC competitive examination under the notification dated 06.12.2007 (examination 17.02.2008; results 16.07.2008) but received his appointment order only on 21.01.2010 owing to the vacancy-identification process. He thus fell within the category covered by G.O.(Ms)No.234 Finance (Pay Cell) Department dated 01.06.2009, which extended the accepted Sixth Pay Commission recommendations to those selected prior to 01.06.2009 but appointed on or after that date for administrative reasons. Holding the case squarely covered by the Hon'ble First Bench order dated 01.12.2023 in W.A.(MD)Nos.520 of 2023 etc batch upholding relief to similarly placed individuals, the Court found interference with the learned Single Judge's order unnecessary. Writ appeal dismissed; no costs; connected C.M.P.(MD)No.8831 of 2025 closed.

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W.A.(MD)No.1549 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.A.(MD)No.1549 of 2025 and C.M.P.(MD)No.8831 of 2025

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1.The Director General,

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Office of the Director General of Highways Department, No.25, Sarthar Vallapai Patel Road,

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Guindy, Chennai - 25

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2.The Divisional Engineer, Highways Department, Construction and Maintenance, Panagal Building, Market Road, Thanjavur District.

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3.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance, Sub Division, Thanjavur, Thanjavur District.

... Appellants

Vs.

P.Govindaraju

... Respondent

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.1549 of 2025

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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.19586 of 2024 dated 12.12.2024 on the file of this Court.

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For Appellants : Mr.A.Kannan, Addl. Government Pleader.

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For Respondent : Mr.R.Mohammed Riyaz

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JUDGMENT (By G.R.SWAMINATHAN, J.)

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Heard both sides.

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2.The writ petitioner succeeded in the competitive examination

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conducted by TNPSC pursuant to the notification dated 06.12.2007. The examination was conducted on 17.02.2008. The results were published on 16.07.2008. The writ petitioner was issued with appointment order only on 21.01.2010 in the office of the Divisional Engineer, Ariyalur Division, Ariyalur District. This delay in issuing the appointment order was occasioned on account of the process involved in identifying the vacancies. In the meanwhile, certain pay anomaly issues arose and the government issued G.O.(Ms)No.234 Finance (Pay Cell) Department

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2/5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.1549 of 2025

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dated 01.06.2009. The sixth pay commission recommendations were

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accepted. But this was extended only to those who were selected prior to

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01.06.2009 but appointed on or after 01.06.2009 due to administrative reasons. The writ petitioner's case clearly falls under the said category.

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Relief given to similarly placed individuals was upheld by the Hon'ble First Bench vide order dated 01.12.2023 in W.A.(MD)Nos.520 of 2023 etc batch. The case on hand is squarely covered by the said order of the Hon'ble First Bench. Interference with the order of the learned Single Judge is not called for and the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S. J.,) & (K.R.S. J.,) 18.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:

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