Dismissed¶37

S.Ramamoorthi v. The Union of India

Madras HC16 Jul 2026WP/22642/2015

Case brief

AI extract

What is this about?

Pay fixation; FR 15(a); transfer to lower post; DOPT OM dated 14.02.2007; OM dated 04.01.2007; OM No.16/6/2001-Esst.Pay dated 14.02.2006; GOP OM dated 14.02.2006; Border Roads Organisation; GREF; resignation accepted order dated 01.02.1994; lien retained two years; Chargeman Grade II (NT/OTS); Civilian Officer Grade-II; UPSC selection; Engine Factory Avadi; Ordnance Factory Board; Ministry of Defence Production; retired 2011; OA filed 2012; retrospective fixation of pay with effect from 2006; Central Administrative Tribunal Chennai Bench O.A.No.128 of 2012 dated 08.04.2015; Article 226 certiorari; writ petition dismissed; no costs; WP No. 22642 of 2015; 2026:MHC:2932; S.M. Subramaniam; N. Senthilkumar.

What did the court decide?

None; the Writ Petition stands dismissed and no costs were awarded. ¶37

S.Ramamoorthi Vs The Union of India — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

None; the Writ Petition stands dismissed and no costs were awarded.

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Issue for consideration

Whether the petitioner's case falls under FR 15(a) so as to render applicable the OMs dated 14.02.2006 and 04.01.2007 for refixation of his pay. +1 more

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Court's answer

On a perusal of the Official Memorandum (GOP OM dated 14.02.2006), the facts relating to the writ petitioner would not fall under FR 15(a), since he was initially appointed in Border Roads Organisation and subsequently transferred to Engine Factory at Avadi.

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Ratio / Principle

The petitioner retired from service in 2011 and filed the application in 2012, and now seeks retrospective fixation of pay with effect from 2006.

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Key takeaways

The petitioner has not established any right for consideration of the relief sought in the original application and in the present writ petition; consequently, the Writ Petition stands dismissed with no costs.ratio¶37

Detailed headnote1 paragraphs

Madras High Court (Division Bench of S.M. Subramaniam and N. Senthilkumar JJ.; order of the Court made by S.M. Subramaniam J.), W.P. No. 22642 of 2015, decided 16-07-2026 (2026:MHC:2932). Certiorari petition under Article 226 challenging the CAT Chennai Bench order dated 08.04.2015 in O.A.No.128 of 2012. Petitioner, ex-Junior Works Manager, Engine Factory, Avadi, originally appointed Chargeman Grade II (NT/OTS), was selected through a UPSC advertisement and appointed Civilian Officer Grade-II in Border Roads Organisation on 18.12.1991; his lien having been retained for two years, he was taken back as Chargeman Grade-II following acceptance of his resignation from GREF service (order dated 01.02.1994). He retired in 2011, filed the OA in 2012 seeking refixation of pay per OM.No.16/6/2001Estt.Pay.1 dated 14.02.2006 and 04.01.2007 (Tribunal had found his case outside FR 15(a) and the DOPT OM dated 14.02.2007 read with OM dated 04.01.2007 inapplicable). This Court, examining the scope of the clarification in GOP OM dated 14.02.2006, found the petitioner's facts would not fall under FR 15(a); noting he seeks retrospective fixation w.e.f. 2006 despite retiring in 2011, the Court held he had established no right to the relief. Writ Petition dismissed; no costs.

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2026:MHC:2932

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WP No. 22642 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-07-2026

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CORAM

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THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR.JUSTICE N.SENTHILKUMAR

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WP No. 22642 of 2015

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S.Ramamoorthi

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(Ex-junior works Manager, Engine Factory, Avadi), 19, Red Hills Road, Ram Nagar, Ambattur PO, Chennai-600 053.

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..Petitioner(s)

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The Union of India Rep. by the Secretary, Ministry of Defence Production, DHQ (PO), New Delhi-110 011.

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The Secretary Ordnance Factory Board, No.10A, S.K.Bose Roade, Kolkatta-700 001.

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The General Manager Engine Factory, Avadi, Chennai-600 054.

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The Principal Controller of Accounts (FYs), Ordnance Factory Board, No.10A, S.K.Bose Road, Kolkatta-700 001.

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The Central Administrative Tribunal, Rep. by its Registrar, City Civil Court Buildings, Chennai-600 104.

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..Respondent(s)

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the 5th respondent pertaining to the impugned order in O.A.No.128 of 2012, dated 08.04.2015 and quash the same and direct the respondent to re-fix the pay in accordance with OM No.16/6/2001-Esst.Pay, dated 14.02.2006 and 04.01.2007.

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

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2026:MHC:2932

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WP No. 22642 of 2015

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For Petitioner(s): Mr.Vijayakrishnan For Respondent(s): Mr.M.Ramamoorthi for R1 to R4 R5 - Tribunal (CAT)

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ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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The present writ petition has been instituted challenging the order of the Central Administrative Tribunal, Chennai Bench, dated 08.04.2015 passed in O.A.No.128 of 2012.

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The original applicant before the Central Administrative Tribunal is the writ petitioner before this Court. The petitioner was originally appointed as a Chargeman Grade II (NT/OTS). He applied for the post of Civilian Officer Grade-II in Border Roads Organisation against the advertisement of UPSC. He was selected and appointed to the said post on 18.12.1991. Subsequently, he was transferred to Engine Factory at Avadi. He served at Engine Factory at Avadi and retired from service in the year 2011. After a lapse of one year from the date of retirement, he filed Original Application before the Tribunal seeking a direction to refix his pay in accordance with OM.No.16/6/2001Estt.Pay.1 dated 14.02.2006 and 04.01.2007.

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The issue considered by the Tribunal is regarding the applicability of OMs dated 14.02.2006 and 04.01.2007. The findings of the Tribunal is that the case of the writ petitioner is not falling under FR 15(a). The writ petitioner got appointment in a different service, but in view of his lien being retained for a period of two years, he was taken back to the earlier service to the post of

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

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2026:MHC:2932

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WP No. 22642 of 2015

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Chargeman Grade-II following acceptance of his resignation from GREF service in Border Roads Organisation vide order dated 01.02.1994. Thus, the instructions in DOPT’s OM dated 14.02.2007 read with OM dated 04.01.2007, does not apply to case of the writ petitioner.

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This Court has also gone through the scope of the clarification regarding fixation of pay in case of employee who seeks transfer to a lower post in FR 15(a), GOP OM dated 14.02.2006. Perusal of the said Official Memorandum would show that the facts relating to the case of the writ petitioner would not fall under FR 15(a), since he was initially appointed in Border Roads Organisation and subsequently, transferred to Engine Factory at Avadi. That apart, he retired from service in the year 2011 and filed an application in the year 2012. Now, he seeks retrospective fixation of pay with effect from 2006.

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In view of the above factum, the petitioner has not established any right for considering the relief as such sought for in the original application and in the present writ petition. Consequently, the Writ Petition stands dismissed. No costs.

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(S.M.S.,J.) (N.S.,J.) 16-07-2026

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

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VSI

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

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2026:MHC:2932