Case Note & Summary
The Director of Elementary Education filed a writ appeal against an order dated 26.06.2024 in WP No. 2436/2022. The respondent, A. Rajendran, a B.T. Assistant (History) at Government Middle School, Kettavarampalayam, had filed the writ petition seeking stepping up of his pay to the level of his junior, Mrs. S. Anbazhagi, with effect from 06.12.2016 and payment of arrears. The issue of stepping up of pay by a senior citing juniors had been adjudicated by a Division Bench of the Madras High Court on 04.12.2023 in a batch of writ appeals (W.A.(MD) Nos.764 to 773 of 2023 etc.). Pursuant to that order, the Government issued G.O.Ms.No.164, School Education Department, dated 16.07.2025, which laid down eligibility conditions and other criteria for stepping up of pay. The Court held that the respondent's case must be considered in terms of this Government Order and directed the authorities to complete the exercise as expeditiously as possible. The writ appeal was disposed of accordingly, with no costs, and the connected miscellaneous petition was closed.
Headnote
A) Service Law - Stepping Up of Pay - Senior Citing Junior - The issue pertained to a senior teacher seeking pay parity with his junior. The Division Bench of the Madras High Court had earlier adjudicated the matter in a batch of writ appeals, and the Government issued G.O.Ms.No.164, School Education Department, dated 16.07.2025, prescribing eligibility conditions. The Court directed that the respondent's case be considered in terms of the said Government Order expeditiously. Held that the claim must be examined under the Government Order (Paras 2-4).
Issue of Consideration
Whether the respondent's claim for stepping up of pay to the level of his junior should be considered in terms of the Government Order issued pursuant to the Division Bench judgment.
Final Decision
The Writ Appeal is disposed of with a direction to the appellant to consider the respondent's case in terms of G.O.Ms.No.164, School Education Department, dated 16.07.2025, as expeditiously as possible. No costs. Connected miscellaneous petition is closed.
Law Points
- Stepping up of pay
- senior citing junior
- government order compliance
- expeditious consideration
Case Details
2026 LawText (MAD) (06) 144
WA No. 77 of 2026 and C.M.P.No.725 of 2026
S. M. Subramaniam, R. Sakthivel
Dr. R. Gouri (Government Counsel for appellant), No appearance for respondent
The Director Of School Education, Chennai 6; The Chief Educational Officer, Thiruvannamalai; The District Educational Officer, Polur, Thiruvannamalai Dist.; The Block Educational Officer Ii, Kalasapakkam, Thiruvannamalai Dist.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ Appeal under Clause 15 of Letters Patent against an order in a writ petition seeking stepping up of pay.
Remedy Sought
The respondent sought stepping up of his pay to the level of his junior, Mrs. S. Anbazhagi, with effect from 06.12.2016 and payment of arrears.
Filing Reason
The respondent claimed that his pay should be stepped up to match that of his junior, and the appellant department had not considered his claim.
Previous Decisions
The Division Bench of the Madras High Court passed an order on 04.12.2023 in a batch of writ appeals (W.A.(MD) Nos.764 to 773 of 2023 etc.) regarding stepping up of pay. Pursuant to that, the Government issued G.O.Ms.No.164, School Education Department, dated 16.07.2025.
Issues
Whether the respondent's claim for stepping up of pay should be considered in terms of G.O.Ms.No.164 dated 16.07.2025.
Submissions/Arguments
The appellant argued that the respondent's case should be considered in terms of the Government Order issued pursuant to the Division Bench judgment.
Ratio Decidendi
The court held that the respondent's claim for stepping up of pay must be considered in accordance with the Government Order G.O.Ms.No.164 dated 16.07.2025, which was issued pursuant to the Division Bench's earlier judgment on the same issue.
Judgment Excerpts
The Government Order provides eligibility conditions and other criteria for stepping up of pay by citing the juniors.
The case of the respondent herein is also to be considered in terms of G.O.Ms.No.164 School Education Department dated 16.07.2025.
Procedural History
The respondent filed WP No. 2436/2022 seeking stepping up of pay. The writ petition was allowed on 26.06.2024. The appellant filed the present writ appeal against that order. Meanwhile, a Division Bench of the Madras High Court passed an order on 04.12.2023 in a batch of writ appeals, and the Government issued G.O.Ms.No.164 on 16.07.2025. The appeal was disposed of on 25.06.2026.
Acts & Sections
- Letters Patent: Clause 15
