Dismissed¶35

B.Rajan v. The Govt of Tamil Nadu

Madras HC17 Feb 2026WP/29651/2018

Case brief

AI extract

What is this about?

Madras High Court; W.P.No.29651 of 2018; Hemant Chandangoudar; 17.02.2026; Article 226; Certiorarified Mandamus; G.O.Ms.No.210; P & AR (Per.S) Department; 11.03.1987; Selection Grade; lower post Warden; higher post Tutor-cum-Warden; first level of promotion; identical scale of pay; Government Letter No.7296/S/2012/1/p; 14.05.2012; counter affidavit unrebutted; different cadres; time scales of pay; 01.01.2006 to 31.05.2009; arrears of pay; Backward Class Welfare; Erode; benefits denied; writ petition dismissed.

What did the court decide?

The averments made in the counter affidavit (of the fifth respondent) were not rebutted by the petitioner. ¶35

B.Rajan Vs The Govt of Tamil Nadu — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶35

Issue for consideration

Whether the petitioner is entitled to the benefit of G.O.Ms.No.210 (P & AR (Per.S) Department, dated 11.03.1987), so that service rendered in the Selection Grade of the lower post of Warden from 03.06.2000 is counted and Selection Grade in the higher post of Tutor-cum-Warden is awarded from 03.06.2010, with all attendant benefits including arrears of pay. +1 more

¶28

Court's answer

In light of the unrebutted counter affidavit, the petitioner is not entitled to the benefits under G.O.Ms.No.210 dated 11.03.1987.

¶35

Ratio / Principle

The averments made in the counter affidavit (of the fifth respondent) were not rebutted by the petitioner.

¶35

Detailed headnote1 paragraphs

W.P.No.29651 of 2018 (High Court of Judicature at Madras; decided 17.02.2026 by HEMANT CHANDANGOUDAR.J.): The petitioner, B.Rajan, Tutor Cum Warden, Government Boy’s Hostel (Most Backward Class Welfare), Arrachallur, Erode District, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash the Government Letter No.7296/S/2012/1/p, P&AR(S) Department, dated 14.05.2012, in so far as it concerned him, and to seek extension of G.O.Ms.No.210, P & AR (Per.S) Department, dated 11.03.1987 — counting service rendered in the Selection Grade of the lower post of Warden from 03.06.2000 towards Selection Grade in the higher post of Tutor-cum-Warden from 03.06.2010, with attendant benefits including arrears of pay. G.O.Ms.No.210 permits such counting only where the Selection Grade scale of the lower post is identical to the ordinary grade scale of the higher post and only at the first level of promotion. The fifth respondent's counter affidavit stated that the petitioner's service (03.06.2000 onwards) lay in different cadres with varying scales of pay and that his claim fell outside the stipulated period 01.01.2006 to 31.05.2009; these averments were not rebutted. Held: the petitioner is not entitled to the benefits under G.O.Ms.No.210 dated 11.03.1987. Writ petition dismissed; no monetary amount was awarded.

¶1

W.P.No.29651 of 2018

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 17.02.2026

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

¶6

W.P.No.29651 of 2018

¶7

B.Rajan Tutor Cum Warden Government Boy’s Hostel (Most Back Ward Welfare) Arrachallur Erode District.

¶8

...Petitioner

¶9

Vs.

¶10

1.The Government of Tamil Nadu Rep.by Principal Secretary to the Government P&AR Department Fort.St.George Chennai 9.

¶11

2.The Principal Secretary Government of Tamil Nadu Finance Department Fort.St.George Chennai 9.

¶12

3.The Principal Secretary Government of Tamil Nadu Backward Class and Minority Welfare Department Fort.St.George Chennai 9.

¶13

1/6

¶14

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

¶15

W.P.No.29651 of 2018

¶16

4.The Commissioner Backward Class Welfare Department Chepauk

¶17

Chennai 5.

¶18

5.The District Backward Welfare Officer Erode District Erode.

¶19

...Respondents

¶20

Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in relation to the Government Letter No.7296/S/2012/1/p and AR(S) Department dated 14-5-2012 and quash the same in so far as the petitioner is concerned and issue a consequential direction to the respondents to extend the GO.Ms.No.210 P & AR (per.S) Dept dated 11th March 1987 to count the service rendered in selection grade of lower post namely Warden from 3-6-2000 and to award selection grade in the higher post namely Tutor cum Warden from 3-6-2010 and to grant all attendant benefits including arrears of pay.

¶21

For Petitioner : Mr.R.Saseetharan

¶22

For Respondents : Mrs.S.Anitha Special Government Pleader

¶23

ORDER

¶24

The petitioner seeks the issuance of a writ of Certiorarified Mandamus,

¶25

assailing the communication dated 14.05.2012 insofar as it concerns the petitioner, and seeking a consequential direction to the respondents to extend 2/6

¶26

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

¶27

W.P.No.29651 of 2018 the benefit of G.O.Ms.No.210, P & AR (Per.S) Department, dated 11.03.1987,

¶28

by counting the service rendered in the Selection Grade of the lower post, namely Warden, from 03.06.2000, and to award Selection Grade in the higher post, namely Tutor-cum-Warden, from 03.06.2010, along with all attendant benefits including arrears of pay.

¶29

Heard Mr.R.Saseetharan, learned counsel for the petitioner, and Mrs.S.Anitha, learned Special Government Pleader, appearing for the respondents.

¶30

The petitioner seeks extension of the benefits under G.O.Ms.No.210 dated 11.03.1987, which stipulates that the service rendered in the Selection Grade of a lower post shall be counted as Selection Grade in the promoted post, provided that the Selection Grade scale of the lower post is identical to the ordinary grade scale of the higher post, and that such concession will be allowed only at the first level of promotion.

¶31

In the counter affidavit filed by the fifth respondent, it is stated that the petitioner’s service from 03.06.2000 to 20.04.2008 and thereafter from 20.04.2008 onwards was in different cadres, and that the scale of pay applicable

¶32

3/6

¶33

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

¶34

W.P.No.29651 of 2018 to the petitioner also varied during these periods. Therefore, the petitioner’s claim is not covered within the stipulated period (i.e., between 01.01.2006 and 31.05.2009), and further, his service from 03.06.2000 to 03.06.2010 was in two different cadres with different time scales of pay.

¶35

The averments made in the counter affidavit have not been rebutted. In light of the same, the petitioner is not entitled to the benefits under G.O.Ms.No.210 dated 11.03.1987.

¶36

17.02.2026

¶37

Index : Yes/No Speaking order : Yes/No dna

¶38

4/6

¶39

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

¶40

W.P.No.29651 of 2018

¶41

¶42

1.The Government of Tamil Nadu Rep.by Principal Secretary to the Government P&AR Department Fort.St.George Chennai 9. 2.The Principal Secretary Government of Tamil Nadu Finance Department Fort.St.George Chennai 9.

¶43

3.The Principal Secretary Government of Tamil Nadu Backward Class and Minority Welfare Department Fort.St.George Chennai 9.

¶44

4.The Commissioner Backward Class Welfare Department Chepauk Chennai 5.

¶45

5.The District Backward Welfare Officer Erode District Erode.

¶46

5/6

¶47

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

¶48

W.P.No.29651 of 2018 HEMANT CHANDANGOUDAR.J., dna