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G.Kavitha v. The Secretary to Government

Madras HC2 Jun 2026WP/18384/2026

Case brief

AI extract

What is this about?

Fitment benefit; pay fixation anomaly; G.O.Ms.No.340 Finance (Pay Cell) Department dated 26.08.2010; One Man Commission; TNPSC Notification No.135 of 2007; Typist; Steno Typist; appointment after 01.06.2009 cut-off due to administrative reasons; Article 226 mandamus; Rev. Aplc.(MD) No.62 of 2025 dated 22.09.2025; W.A(MD)No.520 of 2023; W.P.(Md) Nos.13375 to 13779 of 2022; Tamil Nadu Revised Scales of Pay Rules, 2009; salary refixation; two-month compliance direction; no costs.

What did the court decide?

Writ petition allowed; Mandamus issued directing the respondents to extend the benefit of G.O.Ms. No.340, Finance (Pay Cell) Department, dated 26.08.2010, with reference to the fitment benefits by giving effect to paragraph Nos.5 and 6 therein, to the petitioner within two months from the date of receipt of a copy of the order. No costs.

G.Kavitha Vs The Secretary to Government — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, recruited through TNPSC Notification No.135 of 2007 but appointed after 01.06.2009 due to administrative reasons, is entitled to re-fixation of salary and allowances with fitment benefits under G.O.Ms.No.340 Finance (Pay Cell) Department dated 26.08.2010 from the date of her initial appointment, in the light of the Division Bench order in Rev. Aplc. (MD) No. 62 of 2025 dated 22.09.2025.

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Court's answer

The petitioner was admittedly recruited pursuant to Notification No.135 of 2007; the selection list was published on 08.11.2008, but for administrative reasons the appointment order was issued only on 09.09.2009 and she joined duty on 14.09.2009.

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Ratio / Principle

The order of the Division Bench dated 22.09.2025 in Rev. Aplc(Md).No.62 of 2025, under which persons recruited through the 2007 notification and appointed after 01.06.2009 are eligible to the benefit of G.O.Ms.340, squarely applies to the facts of the present case.

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Key takeaways

A Mandamus is issued directing the respondents to extend the benefit of G.O.Ms. No.340, Finance (Pay Cell) Department, dated 26.08.2010, with reference to the fitment benefits by giving effect to paragraph Nos.5 and 6 therein, to the petitioner within a period of two months from the date of receipt of a copy of the order; no costs.ratio¶43

Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.) allowed W.P. No. 18384 of 2026. The petitioner, a selectee under TNPSC Notification No.135 of 2007 (posts of Typist and Steno Typist; selection list published 08.11.2008), whose appointment order was issued only on 09.09.2009 and who joined duty on 14.09.2009 due to administrative reasons, is entitled to the fitment benefit under G.O.Ms.No.340 Finance (Pay Cell) Department dated 26.08.2010 (paragraphs 5 and 6), following the Division Bench order dated 22.09.2025 in Rev. Aplc.(MD) No.62 of 2025 holding that persons recruited prior to 01.06.2009 but appointed after the cut-off date due to administrative reasons are eligible. Respondents directed to extend the benefit within two months; no costs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-06-2026

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CORAM

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THE HON'BLE MS. JUSTICE P.T. ASHA

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WP No. 18384 of 2026

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G.Kavitha D/o.Late M.Gopal No.285 Periyakalur Village and Post Kalasapakkam Taluk Tiruvannamalai District.

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..Petitioner(s)

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The Secretary to Government Finance Department Fort St. George Chennai.

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The Secretary To Government Health and Family Welfare Department Fort St. George Chennai.

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The Director Medical and Rural Health Services DMS Campus Teynampet Annasalai Chennai.

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The Director Medical Education and Research Department Kilpauk, Chennai 600010.

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The Dean Government Vellore Medical College and Hospital, Vellore 11.

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

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..Respondent(s)

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to re-fix the petitioners salary and allowances by granting the fitment benefits as per G.O.Ms.No.340 Finance (Pay Cell) Department, dated 26.08.2010 and in the light of the order passed by the Hon’ble Division Bench in Rev. Aplc. (MD) No. 62 of 2025 dated 22.09.2025 from the date of the petitioners initial appointment.

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For Petitioner(s): M/s.Polax Legal Solutions D.Kamachi

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For Respondent(s): Ms. Niraimadhi, GA for R1 Mr. A.R.Balaji, GA for R2

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Order

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This writ petition has been filed for the following relief:

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“directing the respondents to re-fix the petitioners salary and allowances by granting the fitment benefits as per G.O.Ms. N o.340 Finance (Pay Cell) Department, dated 26.08.2010 and in the light of the order passed by the Hon’ble Division Bench in Rev. Aplc. (MD) No. 62 of 2025 dated 22.09.2025 from the date of the petitioners initial appointment. ”

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It is the case of the petitioner that the Tamil Nadu Public Service Commission (TNPSC) had called for appointments to the posts of Typist and Steno Typist vide

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

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Notification No.135 of 2007. The petitioner had participated in the selection process and was selected. However due to administrative reason, the appointment order was issued to the petitioner only on 09.09.2009 and she had joined duty on 14.09.2009. In the meanwhile, the Government had issued G.O.Ms. No.340 dated 26.08.2010 to give effect to the recommendation of the One Man Commission with effect from 01.01.2026 in order to rectify the anomaly in pay fixation for those who were appointed prior to 01.06.2009 but joined on a subsequent date on or after 01.06.2009 due to administrative reasons. The petitioner falls squarely within this category. That apart, the petitioner would submit that the Division Bench, by order dated 22.09.2025 in Review Aplc(Md).No.62 of 2025, held that persons who were recruited through the 2007 notification and appointed after 01.06.2009 are eligible to the benefit of G.O.Ms.340. The petitioner seeks the very same relief.

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Heard the learned counsel on both sides and perused the materials available on

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record.

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Admittedly, the petitioner has been recruited pursuant to Notification No.135 of 2007 and after the process of selection, the selection list has been published on 08.11.2008. However, for administrative reasons, the appointment order was issued to the petitioner only on 09.09.2009 and she had joined duty on 14.09.2009. Since the issue

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

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revolves around G.O.Ms. No.340, Finance (Pay Cell) Department, dated 26.08.2010, the relevant paragraphs are extracted hereunder.

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“5)Based on the above general orders, the Heads of Departments / Pay fixing authorities concerned are requested to re-fix the pay of the individual employees concerned by issuing separate Office Proceedings in this regard immediately.

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6) The above orders allowing fitment benefit is not applicable to the new recruits in whose cases the selection list have been issued by the Tamil Nadu Public Service Commission / Employment Exchanges and consequent appointment orders issued by the Heads of Departments after 1-6-2009 i.e. after the date of issue of notification of the Tamil Nadu Revised Scales of Pay Rules, 2009 in the G.O.first-read above. In such cases, the new recruits are entitled to have their pay fixed only at the minimum of the Pay Band plus Grade Pay applicable to the respective posts.”

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Following this Government Order, this Court in W.P.(Md) Nos.13375 to 13779 of 2022 was pleased to direct the respondents to extend the benefit of G.O.Ms. No.340 to the petitioners therein. This order was challenged in W.A(MD)No.520 of 2023 etc. batch by order dated 01.12.2023 the writ appeals were dismissed and the Bench had observed as follows:

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“8. The learned Single Judge has considered the said aspect in

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proper perspective. As per the said Government Order, the monetary

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

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benefits were given from 01.08.2010 and not from 01.06.2009. It was only the fitment that was permitted. The same would also apply to the respondents herein. The respondents will not get monetary benefits prior

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to 01.08.2010. It is only the notional fitment that will be applicable.”

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This order was sought to be reviewed in Rev. Aplc(Md).No.103 of 2024 and 62 to 65 of 2025, which were also dismissed. In the order dated 22.09.2025, the Bench had observed as follows in paragraph No.20.

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“20. In the light of the above discussion, it is pertinent to note

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that plain reading of the G.O.(Ms).No.340, Finance (Pay cell) Department dated 26.08.2010, in conjunction with recommendation of One Man Commission and subsequent relaxation issued by Government, makes it clear that benefit of fitment is applicable to those recruited prior to 01.06.2009, though appointed after the cut off date due to administrative reasons. The respondents herein fall within the said category. Therefore, the order passed by writ court as confirmed by writ appeals, are correct and does not warrant interference in Review. Accordingly, the Review Applications are dismissed. Consequently, connected miscellaneous petition is closed. No costs.”

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The above order would squarely apply to the facts of the present case.

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

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Therefore, the writ petition is allowed and a Mandamus is issued directing the

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respondents to extend the benefit of G.O.Ms. No.340, Finance (Pay Cell) Department, dated 26.08.2010, with reference to the fitment benefits by giving effect to paragraph Nos.5 and 6 therein to the petitioner within a period of two months from the date of receipt of a copy of this order. No costs.

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02-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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SRN

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