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The State of Tamil Nadu, v. P. Paulraj

Madras HC27 Jan 2026WA(MD)/1718/2021

Case brief

AI extract

What is this about?

Writ Appeal; Madurai Bench of Madras High Court; Clause 15 Letters Patent; Tamil Nadu School Education Department; pension refixation; selection grade; special grade; stagnation in same scale of pay; promotional post; Middle School Headmaster; Elementary School Headmaster (secondary grade); feeder post service inclusion denied; G.O(Ms)No.210 Education Department dated 14.08.2009; P.Paulraj; retirement 30.04.1999; single Judge order set aside; no costs.

What did the court decide?

Writ Appeal allowed on these terms: order of the learned single Judge dated 04.10.2019 set aside; any benefit already given to Paulraj not to be recovered; an appropriate order correctly refixing the writ petitioner's pension to be passed within a period of ten weeks from the date of receipt of a copy of this order; no costs; connected C.M.P(MD)No.7323 of 2021 closed.

The State of Tamil Nadu, Vs P. Paulraj — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Paulraj is entitled to demand that the service put in by him as Headmaster in Elementary School should be included in his service as Middle School Headmaster for the purpose of conferring special grade.

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Court's answer

Though G.O(Ms)No.210, Education Department dated 14.08.2009 was passed for similarly placed persons holding the inclusion to be so, the Court was not inclined to adopt the very same approach in this case.

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Ratio / Principle

Conferment of selection grade and special grade is only to avoid stagnation in a given post in the same scale of pay.

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Key takeaways

Once it is conceded that the post of Middle School Headmaster is a promotional post carrying a higher scale of pay, the question of including the service put in the feeder post of Headmaster, Elementary School will not arise at all.ratio¶35
Paulraj is not entitled to have the service rendered by him as Elementary School Headmaster included for the purpose of conferring Selection Grade or Special Grade in the post of Middle School Headmaster.ratio¶36
Nevertheless, Paulraj would be entitled to Selection Grade on completion of 10 years of service as Elementary School Headmaster (i.e., in 1974) and Special Grade on completion of 20 years of service (i.e., in 1984).

Detailed headnote1 paragraphs

Madurai Bench, Madras High Court (G.R.Swaminathan J.; R.Kalaimathi J.), 27.01.2026 - State education authorities' writ appeal (Clause 15, Letters Patent) against the single Judge's order dated 04.10.2019 allowing inclusion of Paulraj's Elementary School Headmaster service towards Selection/Special Grade as Middle School Headmaster. Holding: selection/special grades exist only to avoid stagnation in a post in the same scale of pay; the Middle School Headmaster post being promotional with a higher scale of pay, service in the feeder post (Elementary School Headmaster) cannot be included - declining to extend the approach of G.O(Ms)No.210, Education Department dated 14.08.2009 passed for similarly placed persons. Paulraj nonetheless held entitled to Selection Grade on completing 10 years as Elementary School Headmaster (i.e., in 1974) and Special Grade on completing 20 years (i.e., in 1984). Benefits already given not recoverable; pension to be correctly refixed within ten weeks. Appeal allowed, C.M.P(MD)No.7323 of 2021 closed, no costs.

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W.A.(MD)No.1718 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.01.2026

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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AND

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THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

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W.A(MD)No.1718 of 2021

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and

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C.M.P(MD)No.7323 of 2021

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1.The State represented by

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The Principal Secretary to Government, School Education Department, Secretariat,

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Chennai.

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2.The Director of Elementary School Education,

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College Road,

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Chennai – 600 006.

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3.The District Educational Officer, Dindigul District, Dindigul. (Now redesignated as) The District Educational Officer, District Educational Office, Vedasandur.

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... Appellants / Respondents

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Vs.

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P.Paulraj ... Respondent / Writ Petitioner

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

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W.A.(MD)No.1718 of 2021

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 04.10.2019 in W.P(MD)No.2491 of 2014 and allow the Writ Appeal.

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For Appellants : Mr.T.Ajmal Khan Government Advocate

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For Respondent : Ms.S.Devasena

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JUDGMENT

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(Judgment of the Court was made by G.R.Swaminathan J.)

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The Government filed this writ appeal challenging the order dated 04.10.2019 allowing W.P(MD)No.2491 of 2011 filed by the respondent (Paulraj). Paulraj was appointed as Headmaster in an Elementary School (secondary grade) on 04.09.1964. He was promoted as Middle School Headmaster on 03.01.1986. He retired from service on 30.04.1999.

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2.The only question that calls for consideration in this writ appeal

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is whether Paulraj is entitled to demand that the service put in by him as Headmaster in Elementary School should be included in his service as Middle School Headmaster for the purpose of conferring special grade.

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

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W.A.(MD)No.1718 of 2021

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3.It is true that in respect of similarly placed persons G.O(Ms)No. 210 Education Department dated 14.08.2009 was passed holding to be so. But we are not inclined to adopt the very same approach in this case. Conferring selection grade and special grade is only to avoid stagnation in a given post in the same scale of pay. Once it is conceded that the post of Middle School Headmaster is a promotional post carrying a higher scale of pay, the question of including the service put in the feeder post of Headmaster Elementary School will not arise at all.

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4.The learned Government Advocate appearing for the appellant asserts that Paulraj had already been granted both selection grade as well as special grade in the post of Headmaster Elementary School (secondary grade). The learned counsel appearing for the writ petitioner disputes this statement. Be that as it may, even while holding that Paulraj is not entitled to have the service rendered by him as Elementary School Headmaster included for the purpose of conferring Selection Grade or Special Grade in the post of Middle School Headmaster, we make it clear that he would nevertheless be entitled to Selection Grade on completion of 10 years of service as Elementary School Headmaster (i.e., in 1974) and Special Grade on completion of 20 years of service (i.e., in 1984).

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

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W.A.(MD)No.1718 of 2021

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5.If any benefit has already been given to Paulraj, it shall not be

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recovered. But his pension will be refixed as per the order now passed. The order passed by the learned single Judge is set aside and this Writ Appeal is allowed on these terms. An appropriate order correctly refixing the writ petitioner's pension shall be passed within a period of ten weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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[G.R.S., J.] [R.K.M, J.] 27.01.2026

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NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA

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

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W.A.(MD)No.1718 of 2021

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G.R.SWAMINATHAN,J.