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M.Paramasivam v. The State of Tamil Nadu

Madras HC19 Mar 2025WP/21444/2019

Case brief

AI extract

What is this about?

selection grade; 10 years service in identical scale of pay; PG Assistant; Head Master; B.T. Assistants; Level-18, 36900-116600; G.O.Ms.210 dated 11.03.1987; P&AR letter No.20159/86-3 dated 16.02.1987; P&AR (S) letter No.168 dated 28.09.1999; representation dated 22.03.2019; no G.O. after 01.06.2009; writ of mandamus; Article 226; Tamil Nadu school education; disposal with direction to consider representation; no costs

What did the court decide?

Direction to the respondents to consider the petitioner's representation dated 22.03.2019 and pass appropriate orders on its merits and in accordance with law within four weeks from the date of receipt of a copy of the order; no order as to costs; connected miscellaneous petition, if any, closed. ¶30

M.Paramasivam Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, having served 10 years in the same/identical scale of pay (Level-18, 36900-116600) first as PG Assistant and then as Head Master (period stated as 20.06.2009 to 02.08.2018 in the order; 26.02.2009 to 3.8.2018 in the prayer), is entitled to the selection grade notwithstanding the absence of any Government Order issued after 01.06.2009.

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Court's answer

Without adjudicating the entitlement on merits, the Court directed the respondents to consider the petitioner's representation dated 22.03.2019 and pass appropriate orders on its merits and in accordance with law within four weeks from receipt of a copy of the order; the writ petition was disposed of with no order as to costs.

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Detailed headnote1 paragraphs

Madras High Court (R.N. Manjula, J.), by order dated 19.03.2025, disposed of W.P No.21444 of 2019 filed under Article 226 of the Constitution of India. The petitioner, M.Paramasivam, sought a writ of mandamus for award of selection grade claiming completion of 10 years of service in the identical scale of pay (Level-18, 36900-116600) from his appointment as PG Assistant to his appointment as Head Master, invoking G.O.Ms.210, Personnel and Administrative Reforms (Per-S) Department, dated 11.03.1987, letter No.20159/86-3, P&AR Department, dated 16.02.1987, and letter No.168, P&AR (S) Department, dated 28.09.1999. His representation dated 22.03.2019 had been rejected on the ground that no Government Order was issued after 01.06.2009; counsel contended that the 1987 Government Order had already made employees completing 10 years as B.T. Assistants and P.G. Assistants eligible for the selection grade. The Court did not decide entitlement on merits; it merely directed the respondents to consider the representation on its merits and in accordance with law within four weeks, with no order as to costs. Note: the prayer recites the period as 26.02.2009 to 3.8.2018 while the order body states 20.06.2009 to 02.08.2018.

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WP.No.21444 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.03.2025

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CORAM

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THE HONOURABLE MS. JUSTICE R.N.MANJULA

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W.P No.21444 of 2019

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M.Paramasivam, aged about 48 years, S/o.D.Muthusamy, No.5/159, Kuppanoor, Virudasampatti Village, Mettur Taluk, Salem District 636 454. ... Petitioner

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/vs/

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1.The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Personnel Administrative Reforms Department, Fort St.George, Chennai 600 009.

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2.The Director of School Education, Directorate of School Education, College Road, Chennai 600 006.

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3.The Chief Educational Officer, Salem District, Salem 636 001.

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4.The District Educational Officer,

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Edappadi, Salem District 637 105. ...

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Respondents

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Writ Petition is filed under Article 226 of the Constitution of India to issue

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

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WP.No.21444 of 2019

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a writ of mandamus directing the respondents to award selection grade to the petitioner for having completed in10 years in identical scale of pay of Level -18, 36900-116600 starting from 26.02.2009 being the date of appointment of the petitioner as PG Assistant to 3.8.2018 being the date of appointment of the petitioner as Head Master pursuant to G.O.Ms.210, Personnel and Administrative Reforms (Per-S) Department, dated 11.03.1987 and the letter No.20159/86-3, P&AR Department, dated 16.02.1987 and the letter No.168, P&AR (S) Department, dated 28.09.1999.

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For Petitioner : Mr.Arun Natarajan N.R.R

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For Respondents : Mr.T.Chezhian, Additional Government Pleader.

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ORDER

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The present writ petition has been filed seeking a direction to the respondents to grant the selection grade to the petitioner for having completed 10 years of service in the same scale of pay during the period from 20.06.2009 to 02.08.2018.

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2.Heard Mr. Arun Natarajan N.R.R., learned counsel for the petitioner, and Mr. T. Chezhian, learned Additional Government Pleader for the respondents. The court also perused the materials placed on record.

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3.The learned counsel for the petitioner submitted that the petitioner’s

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

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WP.No.21444 of 2019

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representation was rejected by the respondents on the ground that no Government Order was issued after 01.06.2009. However, it was pointed out that a Government Order issued in 1987 had clearly stated that employees who had completed 10 years of service as B.T. Assistants and P.G. Assistants were eligible for the selection grade.

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4.In view of the facts and circumstances of the case, the respondents are directed to consider the petitioner’s representation dated 22.03.2019 and pass appropriate orders on its merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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5.With the above direction, the writ petition is disposed of . There shall be no order as to costs. Consequently, the connected miscellaneous petition, if any, is also closed.

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19.03.2025

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Index : Yes Internet : Yes/No Speaking: Non Speaking order Neutral: yes/No. jrs

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

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WP.No.21444 of 2019

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R.N.MANJULA, J. jrs