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CDJ 2026 MHC 1034 print Preview print print
Court : High Court of Judicature at Madras
Case No : WP. No. 10930 of 2021
Judges: THE HONOURABLE MR. JUSTICE T. VINOD KUMAR
Parties : D. Somasundaram, Villupuram & Others Versus The Government of Tamil Nadu Represented by the Additional Chief Secretary to Government Finance (CMPC) Department, Fort.st.George, Chennai & Others
Appearing Advocates : For the Petitioners: P. Mohanraj. For the Respondents: R1, Azizulla Khan, Government Advocate, R2, V. Yamuna Devi, Special Government Pleader.
Date of Judgment : 28-01-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent in G.O.MS. No.457 Finance (CMPC) Department dated 23.12.2020 and quash the same and direct the respondents to grant the petitioners higher start of pay at two stages above the minimum of scale of pay for possessing degree qualification at the time of selection by the TNPSC in the lights of the orders passed by the first respondent in letter No.2680/PC/2018-5 Finance (Pay cell) dated 19.9.2018 and grant them all consequential benefits.)

1. Heard the learned counsel for the petitioners and the learned Special Government Pleader and Government Advocate appearing on behalf of the respondents 1 and 2 respectively and perused the material papers placed on W.P.No.10930 of 2021 record.

2. In view of the order which this Court proposes to pass in the present Writ Petition, WMP.No.11569 of 2021 filed by the petitioners seeking permission to join together and file a Single Writ Petition, is ordered.

3. The petitioners in the present Writ Petition has assailed the action of the first respondent in issuing of the proceedings in G.O.Ms No.457, Finance (CMPC) Department, dated 23.12.2020 and to quash the aforesaid G.O. and to grant higher start of pay at two stages above the minimum scale of pay for possessing degree qualification at the time of selection by the Tamil Nadu Public Service Commission [TNPSC], in the light of the orders passed by the first respondent in Letter No.2680/PC/2018-5, Finance (Pay Cell) dated 19.09.2018.

4. When the Writ Petition is taken up for hearing, the learned counsel for the petitioners has drawn the attention of this Court to the order passed by the Hon’ble Judge of this Court in W.P.No.13226 of 2020, wherein this Court had considered the similar issue arising out of the Government letter dated 19.09.2018 and had quashed the G.O. impugned therein, by which the petitioners therein were denied the benefits of higher start of pay at two stages.

5. On behalf of the petitioners, it is contended that the petitioners in the present Writ Petition are similarly placed and the aforesaid order of the Co-ordinate Bench of this Court will apply in all force to the facts of the present case.

6. The learned Special Government Pleader appearing on behalf of the respondents while not disputing the aforesaid submission of the Court in the aforesaid decision having quashed the G.O. by which the petitioners therein were denied the benefits of higher start of pay for possessing the degree qualification at the time of selection by the TNPSC and this Court granting all the consequential benefits to the petitioners therein, however would submit that aggrieved by the aforesaid order of this Court, the Finance Department of the State had preferred a Writ Appeal and the same is pending adjudication.

7. This Court had taken note of the respective submissions.

8. Though on behalf of the respondents, it is contended that a writ appeal has been preferred against the order passed by this Court in W.P.13226 of 2020 dated 21.12.2024, on being queried by this Court as to whether the appeal has been taken on record and if any stay has been granted or the said order is suspended by the Division Bench of this Court, the learned Special Government Pleader appearing on behalf of the respondents fairly submitted that the said Writ Appeal preferred by the Finance Department is at SR stage and is not even numbered.

9. Taking note of the aforesaid submissions made by the learned Special Government Pleader and also noting the fact that mere filing of an appeal by itself would not amount to the operation of the order of this Court been stayed or the effect of the order is suspended and also having regard to the fact that the issue involved in the present Writ Petition having been adjudicated by the Co-ordinate Bench of this Court by order dated 21.12.2024 in W.P.No.13226 of 2020 and since more than a year has passed since then, this Court sees no reason to take a different view in the present Writ Petition.

10. In view of the above and for the reasons alike as set out in the order in W.P. No.13226 of 2020, this Court is of the view that the proceedings vide G.O.Ms No.457, Finance (CMPC) Department, dated 23.12.2020 impugned in the present Writ Petition cannot be sustained. Accordingly, the impugned G.O.Ms No.457, Finance (CMPC) Department, dated 23.12.2020, is quashed and the respondents are directed to grant higher start of pay at two stages, above the minimum scale of pay for possessing the degree qualification at the time of selection by the TNPSC in the light of the orders passed by the first respondent dated 19.09.2018 and grant the petitioners all the consequential benefits from the date they are entitled to, within the period of three months from the date of receipt of a copy of this order.

11. In the result, the Writ Petition stands allowed. There shall be no order as to costs.
 
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