A.Thiagesan v. the District Chief Education Officer

Madras HC11 Aug 2025WP/23598/2024

Case brief

AI extract

What is this about?

Jurisdiction of issuing authority; order passed by Headmaster lacking competence — competent authority is District Educational Officer; downward pay revision following Zonal Accounts Officer audit objection; promotion directly to Lab Assistant bypassing Record Clerk cadre; parity with junior employee (Kirubakaran) drawing higher pay; restoration of pay scale per Na.Ka.No.380/A1/2019 dated 08.02.2020; Writ of Certiorarified Mandamus under Article 226; High Court of Madras; education department pay-scale dispute; merit question expressly left unexamined.

What did the court decide?

Impugned proceedings dated 25.10.2023 (Na.Ka.No.167/2023) of the 5th respondent quashed/set aside; petitioner's pay scale to be restored as per the 3rd respondent's proceedings dated 08.02.2020; no costs; connected W.M.P.No.25811 of 2024 closed. ¶¶38

A.Thiagesan Vs the District Chief Education Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings of the 5th respondent dated 25.10.2023 (No.Na.Ka.No.167/2023) revising the petitioner's pay scale downward were passed by an authority vested with jurisdiction to issue such an order. +1 more

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Court's answer

The impugned order was passed by the Headmaster, whereas the competent authority to pass such an order is the District Educational Officer; the order was therefore passed by a person without authority/jurisdiction.

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Ratio / Principle

Without going into the merits of the case, and noting that the impugned order was passed by a person without authority, the impugned order dated 25.10.2023 is set aside and the writ petition is allowed.

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Key takeaways

The respondents are directed to restore the petitioner's pay scale as per the proceedings of the 3rd respondent dated 08.02.2020; no costs awarded and the connected miscellaneous petition is closed.ratio¶¶38

Detailed headnote1 paragraphs

Madras High Court (W.P.No.23598 of 2024, P.T. Asha, J., 11.08.2025): Proceedings dated 25.10.2023 (No.Na.Ka.No.167/2023) issued by the Head Master (5th respondent), which revised downward the pay scale of a Lab Assistant on account of audit objections relating to his revised pay effective 23.09.2014, were set aside solely on the ground of defective authority — the order had been passed by the Headmaster, whereas the competent authority to pass such an order is the District Educational Officer. Without entering into the merits (including the claim that the petitioner was wrongly promoted directly to Lab Assistant without first being promoted to Record Clerk), the Court directed the respondents to restore the petitioner's pay scale as per the District Education Officer's proceedings dated 08.02.2020. No costs; connected miscellaneous petition closed. Decided under Article 226 (Certiorarified Mandamus).

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.08.2025

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CORAM:

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THE HONOURABLE Ms. JUSTICE P.T.ASHA

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W.P.No.23598 of 2024 and

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W.M.P.No.25811 of 2024

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A.Thiagesan Lab Assistant, Government Boys Higher Secondary School, Kannamangalam Arani Taluk, Thiruvannamalai District

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Currently working as Lab Assistant, Government High School, Maganyam, Kanchipuram District .... Petitioner

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Vs.

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The District Chief Education Officer, Thiruvannamalai, Thiruvannamalai District.

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The District Education Officer, Thiruvannamalai, Thiruvannamalai District.

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1/7

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

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The District Education Officer, Cheyyar, Cheyyar District.

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The Head Master, Government High School, Magnyam, Kanchipuram District.

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The Head Master, Government Boys Higher Secondary School, Kannamangalam Arani Taluk, Thiruvannamalai District ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, Calling for records pertaining to the proceedings of the 5^th respondent dated 25.10.2023 bearing No.Na.Ka.No.167/2023 and quash the same and consequently direct the respondents to restore the pay scale of the petitioner as per the proceedings of the 3rd respondent in Na.Ka.No. 380/A1/2019 dated 08.02.2020.

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For Petitioner : Mr.Ravichandran

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for Mr.S.I.Sharukumar

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For Respondents-1 to 5 : Mrs.Mythreye Chandru Special Government Pleader

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2/7

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

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ORDER

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The writ petition is filed for the following relief:

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“To issue a Writ of Certiorarified Mandamus, calling for records pertaining to the proceedings of the 5^th respondent dated 25.10.2023 bearing No. Na.Ka.No.167/2023 and quash the same and consequently direct the respondents to restore the pay scale of the petitioner as per the proceedings of the 3rd respondent in Na.Ka.No.380/A1/2019 dated 08.02.2020.”

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The petitioner would submit that he had joined the service as an Office Assistant on 23.05.2007 at Government Higher Secondary School, Devikapuram. He had completed his probation on 23.05.2008. Similarly, one Kirubakaran had joined the service as an Office Assistant on 30.05.2007 and completed his period of probation on 29.05.2008. The petitioner was subsequently promoted to the post of Lab Assistant. The pay scale for the post of Lab

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3/7

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

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Assistant was Rs.6010-1900-5200-20200-1900. The said Kirubakaran who is junior to the petitioner was promoted to the post of Record Clerk on 28.08.2012 in the pay scale of Rs.6010-14004800-10000-1400 and was receiving a higher pay than the petitioner. Therefore, the petitioner had given a representation dated 24.09.2019 to the 3^rd respondent seeking revision of his pay scale on par with Kirubakaran. Thereafter, his pay scale was revised accordingly. An audit was conducted by the Zonal Accounts Officer and in the audit report, a query was raised with regard to the increase in the petitioner's pay scale. In the meanwhile, the 5^th respondent had erroneously passed the impugned order dated 25.10.2023 stating that the revised pay received by the petitioner with effect from 23.09.2014 was subject to audit objections and therefore, the excess pay received by him was revised downward. The petitioner's pay scale was revised only on the ground that he was wrongly promoted directly to the post of Lab Assistant without first being promoted to the post of Record Clerk. This promotion was given to the petitioner

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4/7

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

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despite his objections. As a result, he was made to suffer the downward revision of pay scale by the impugned order, which is contrary to the settled principles of Law. The petitioner has no other alternative or efficacious remedy except to approach this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India.

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Heard the learned counsels on either side and perused the materials available on record.

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4.The main challenge to the impugned order is that it has been passed by an authority who has no jurisdiction. A perusal of the impugned order would indicate that the same has been passed by the Headmaster whereas the competent authority to pass such an order is the District Educational Officer. Therefore, without going into the merits of the case and taking note of the fact that the impugned order was passed by a person without authority, the impugned order dated

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5/7

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

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25.10.2023 is set aside. Accordingly, the writ petition is allowed.

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The respondents are directed to restore the pay scale of the petitioner as per the proceedings of the 3^rd respondent dated 08.02.2020. No costs. Consequently, connected miscellaneous petition is closed.

11.08.2025

srn