Case Note & Summary
The writ petition was filed by a retired Sheristadar seeking a writ of mandamus against the Government of Tamil Nadu and other authorities for ratification of his refixed pay consequent to stepping up on par with a junior. The petitioner had superannuated on 31.05.2022. His pay had been stepped up by orders of the Principal District Judges of Vellore and Krishnagiri, but the government had not ratified the fixation. The petitioner sought compensation and interest for delay. During proceedings, the court impleaded the Principal District Judges and the Principal Accountant General. The core legal issue was whether the High Court in judicial review under Article 226 could compel the government to ratify an administrative pay fixation. The court observed that ratification requires following procedures and approval of the Principal Accountant General, and such decisions are for the executive, not for judicial direction. It held that a writ of mandamus cannot be issued to the government to ratify the pay fixation. Consequently, the writ petition was dismissed without costs, and the petitioner was advised to approach the competent authority for further action.
Headnote
A) Constitutional Law - Writ of Mandamus - Judicial Review and Administrative Decisions - Constitution of India, Article 226 - The petitioner, a retired Sheristadar, sought a mandamus directing the government to ratify pay step-up fixation. The court held that judicial review does not extend to directing the government to ratify a pay fixation; such decisions are for the competent authority following prescribed procedures and subject to verification by the Principal Accountant General. Held that the writ petition is dismissed with no order as to costs (Paras 4-5).
Issue of Consideration
Whether a writ of mandamus can be issued directing the government to ratify the pay fixation done by stepping up of pay.
Final Decision
Writ petition dismissed. No order as to costs. Petitioner may approach competent authority for necessary action.
Law Points
- Legal points not extracted
- judicial review
- pay stepping up
- ratification by government
- administrative decision
- no mandamus to compel government to ratify pay fixation
