Case Note & Summary
The petitioner joined Tamil Nadu Ministerial Service as a Senior Bailiff in 1985 and retired on 28 February 2013. Several years after retirement, he made a representation seeking revision of his pay scale to Grade Pay of Rs.4200/-. The Principal Accountant General (Accounts and Entitlement), Tamil Nadu, by order dated 20 February 2020, rejected the claim, stating that the Grade Pay of Selection Grade Senior Bailiff is restricted to the pay of the first promotional post, Assistant, which carries Grade Pay of Rs.2800/-, as per Government Letter No.49470/PC/90-I Fin PC dated 14 September 1990 read with Para 4(ii) of Government Letter No.63305/PC/10-I dated 18 November 2010. The petitioner, relying on an order passed by the Madurai Bench of the Madras High Court in W.P.(MD) No.12104 of 2017 dated 20 December 2017, filed the present writ petition in 2025 seeking to quash the Accountant General's order and to direct the respondents to revise his pay and disburse arrears. During the pendency of the writ petition, the Division Bench of the Madurai Bench, in Rev.A.Writ (MD) No.108 of 2025, reviewed and modified the earlier order, holding that re-fixation of pay must be in consonance with the government clarificatory letter and that Selection Grade pay cannot exceed the promotional post pay. The High Court observed that there was an enormous delay on the petitioner's part, having retired in 2013 and approaching the court only in 2025. The court further found that the issue was no longer res integra and that the petitioner was ineligible for Grade Pay of Rs.4200/- as the Selection Grade pay is restricted to the pay of the first promotional post. Consequently, the writ petition was dismissed without costs.
Headnote
A) Service Law - Delay and Laches - Writ Jurisdiction - Constitution of India, 1950, Article 226 - Petitioner retired in 2013, made representation in 2019, and challenged the Accountant General's order of 2020 only in 2025; no explanation for the long delay was offered - Held that writ petition is liable to be rejected on the ground of laches (Paras 3, 5).
B) Service Law - Pay Fixation - Selection Grade Pay - Government Clarificatory Letter No.63305/Pay Cell/2010-1 dated 08.11.2010, Clause 4(i) - The Selection Grade pay must not exceed the pay of the first promotional post; for the post of Senior Bailiff, the promotional post is Assistant with Grade Pay Rs.2800/-, thus Grade Pay Rs.4200/- is not admissible - The court relied on the reviewed Division Bench order in Rev.A.Writ (MD) No.108 of 2025 which held that re-fixation in line with the clarificatory letter is proper; accordingly, the petitioner is ineligible for the higher grade pay (Paras 4, 5).
Issue of Consideration
Whether the petitioner is entitled to revision of pay scale to Grade Pay of Rs.4200/- and whether the writ petition is barred by delay and laches
Final Decision
Writ Petition dismissed. No costs.
Law Points
- Delay and laches can bar relief even if case has merit
- Selection Grade pay cannot exceed the pay of the first promotional post as per government clarificatory letters
- A writ order that has been subsequently reviewed and modified cannot be relied upon
- Grade pay of Rs.4200/- not admissible to Selection Grade Senior Bailiff
Case Details
2026 LawText (MAD) (07) 175
S.M.Subramaniam, N.Senthilkumar
For Petitioner: Mr.A.Aashik Kareem, for Mrs.V.Srimathi; For Respondents: Ms.N.K.Kanthimathi for R1 & R3, Mrs.V.Kanchana for Mr.V.Vijay Shankar for R2
The Registrar General, High Court, Chennai; The Principal Accountant General (Accounts and Entitlement) Tamil Nadu, Chennai; The Subordinate Judge, Gudiyattam, Vellore District
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the Accountant General's order refusing Grade Pay of Rs.4200/-
Remedy Sought
Petitioner sought to quash the order dated 20.02.2020 and direct respondents to revise pay scale as per Government Letter dated 08.11.2010 and disburse arrears
Filing Reason
Petitioner believed he was entitled to higher Grade Pay based on earlier order in W.P.(MD) No.12104 of 2017
Previous Decisions
The Accountant General rejected the representation on 20.02.2020 stating Grade Pay of Rs.4200/- not admissible. The petitioner had relied on the order in W.P.(MD) No.12104 of 2017 dated 20.12.2017, but that order was reviewed and modified by Division Bench in Rev.A.Writ (MD) No.108 of 2025
Issues
Whether the writ petition is barred by delay and laches?
Whether the petitioner is entitled to Grade Pay of Rs.4200/- as Selection Grade Senior Bailiff given the restriction in government clarificatory letter?
Submissions/Arguments
Petitioner argued that he is entitled to Grade Pay of Rs.4200/- based on the order in W.P.(MD) No.12104 of 2017 and Government Letter dated 08.11.2010.
Respondents argued that the Grade Pay is restricted to the pay of the first promotional post (Assistant) and the earlier order has been modified, hence petitioner ineligible; also there is enormous delay.
Ratio Decidendi
A writ petition suffering from gross delay and laches is liable to be dismissed; Selection Grade pay cannot exceed the pay of the first promotional post as per government clarificatory letter, and an earlier order granting such higher pay was subsequently modified, rendering the petitioner ineligible.
Judgment Excerpts
Writ Petition is liable to be rejected on the ground of laches.
Therefore, the petitioner is ineligible to claim Grade Pay of Rs.4200/-, as rightly informed by Accountant General of Tamil Nadu in the impugned proceedings dated 20.02.2020.
i) The revised Selection Grade / Special Grade scales of pay in the case of employees awarded Selection Grade / Special Grade prior to 1-1-2006 and in whose cases the Ordinary Grade scales of pay have been revised based on the recommendations of One Man Commission / further order of Government thereon shall be fixed as per the scales of pay indicated in the Annexure -1 to this letter following the same methodology of fixation of pay in the Selection Grade / Special Grade scales of pay of employees as was done in Pre-2006 scales of pay as indicated in Appendix - II of G.O.Ms.No.162, Finance (PC) Department, dated 13.04.1998 subject to the same condition stipulated therein that if the revised Selection Grade / Special Grade scales of pay indicated in the Annexure-I happens to be higher than the first level / second level promotion posts, then in such cases only the revised Selection Grade /Special Grade scales of pay should be restricted to the level of their first level and second level promotional posts respectively.
Procedural History
Petitioner joined Tamil Nadu Ministerial Service as Senior Bailiff in 1985 and retired on 28.02.2013. Long after retirement, he made a representation to authorities seeking revision of pay. The Principal Accountant General (Accounts and Entitlement) Tamil Nadu, by proceedings dated 20.02.2020, informed petitioner that Grade Pay of Rs.4200/- is not admissible. Petitioner filed W.P.No.17789 of 2025 in 2025 challenging that order. During pendency, the Division Bench of Madurai Bench reviewed the earlier order in W.P.(MD) No.12104 of 2017 (relied upon by petitioner) in Rev.A.Writ (MD) No.108 of 2025 and modified it. The High Court dismissed the writ petition on 27.07.2026.
Acts & Sections
- Constitution of India, 1950: Article 226
- Government Letter No.49470/PC/90-I Fin PC dated 14.09.1990:
- Government Letter No.63305/PC/10-I dated 18.11.2010: Para 4(ii)
- Government Clarificatory Letter No.63305/Pay Cell/2010-1 dated 08.11.2010: Clause 4(i)
