High Court · 2025

W.P.No.28395 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.12.2025CORAMTHE HONOURABLE Ms. JUSTICE P.T.ASHAW.P.Nos.28395, 28399, 28401, 28402 and 28403 of 2022Govindaraju ... Petitioner in W.P.No.28395 of 2022 P.Sundararajan ... Petitioner in W.P.No.28399 of 2022 V.Murugavel ... Petitioner in W.P.No.28401 of 2022 R.Manickam ... Petitioner in W.P.No.28402 of 2022 V.Vijay ... Petitioner in W.P.No.28403 of 2022 -vs-1.The State of Tamil Nadu, Represented by its Additional Chief Secretary, Finance Department, Fort St.George, Chennai – 600 009.2.The Commissioner, State Transport Authority, Chepauk, Chennai – 600 005. ... Respondents in all casesCOMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to Writ of Certiorarfied Mandamus, to Page 1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.28395 of 2022call for the records of the 1st respondent in G.O.Ms.No.412, Finance (Pay Cell) Department, dated 12.11.2020 and to quash the same as arbitrary, illegal, unconstitutional and consequently, direct the respondent to grant revision of pay scale in terms of G.O.Ms.No.324, Finance (Pay Cell) Department, dated 26.08.2010 based on the pay scale presently drawn by the petitioner together with all consequential benefits flowing there from.For petitioner : Mr.M.Elango (in all cases)For respondents: Mr.C.N.G.Niraimathi for R2 (in all cases) Mrs.S.Anitha Special Government Pleader for R1****** COMMON ORDERIt is informed that this Court, has disposed of a batch of writ petitions consisting of writ petition in W.P.No.6346 of 2021 with reference to the very same subject matter by an order dated 04.04.2024. The prayer in W.P.No.6346 of 2021 is as follows:“Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Certiorarfied Mandamus, to call for the records of the 1st respondent in G.O.Ms.No.412, Finance (Pay Cell) Department, dated 12.11.2020 and to quash Page 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.28395 of 2022the same as arbitrary, illegal, unconstitutional and consequently, direct the respondent to grant revision of pay scale in terms of G.O.Ms.No.324, Finance (Pay Cell) Department, dated 26.08.2010 based on the pay scale presently drawn by the petitioner together with all consequential benefits flowing there from.”The learned Judge, ultimately, allowed the writ petitions with the following directions:“83. The upshot of the above discussions leads to the following conclusions and directions issued by this Court : (i) The report of the PGRC 2019 and the consequential impugned Government Orders issued are hereby set aside;(ii) The Government shall constitute a new PGRC under the Hon'ble Mr.Justice M.Sathyanarayanan, formerly Judge of High Court, Madras, who shall be the Chairman of the new PGRC;(iii) The Chairman of the new PGRC is at liberty to co-opt two experts as he deems appropriate as Members of the new PGRC and it will be more appropriate to co-opt members, who had experience on the financial side and also on the engineering side;(iv) The Government is at liberty to nominate one or two senior level IAS officer(s) at the level of Page 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.28395 of 2022Principal Secretary, serving or retired as Member(s) of the new PGRC;(v) The remuneration for the Chairman of the new PGRC shall be fixed at Rs.3.5 lakhs per month and the remuneration of the two Members to be co-opted shall be fixed at Rs.2 lakhs each per month;(vi) It is left open to the Government to fix the remuneration of the Member(s) of the Committee to be nominated by the Government, if he/she is/they are retired IAS Officer(s);(vii) The Government is directed to constitute the new PGRC within a period of four weeks from the date of receipt of a copy of this order and the Government shall grant six months' time for the new PGRC to submit its recommendations regarding the enhancement/reduction of the pay scales/ grade pay of 52 or more categories of 20 or more departments, etc.;(viii) The terms of reference of the new PGRC shall also be to examine the recommendations of the Seventh Central Pay Commission on the scales of pay and other allowances and make necessary recommendations in consequence of the recommendations to be made as per Clause (vii);(ix) While making the recommendations on the scales of pay/ grade pay, the new PGRC shall take into account the historical parity, local conditions, qualifications, the nature of duties, the job responsibilities attached to the post and the local relativities. This shall also include the Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.28395 of 2022revision of pension, family pension, retirement benefits, etc., and the new PGRC shall make necessary recommendations; (x) In view of the direction issued by this Court for constitution of the new PGRC, the present status quo shall be maintained until a fresh decision is taken by the Government based on the recommendations to be given by the new PGRC;(xi) As clarified in the earlier order passed by the Division Bench in W.A.No. 1271 of 2021 dated 27.4.2021, the pay protection that was given by virtue of the interim orders will be subject to the result of the recommendations to be given by the new PGRC, which will be implemented by the State Government; if any excess payment has been made to the petitioners, the same shall be repaid back in view of the undertaking that was given before this Court;(xii) There shall be a direction to the State Government to make available the office premises with supporting staff and to provide a Government car with driver for the used of the Chairman of the new PGRC for the effective functioning of the Committee; and(xiii) Within four weeks of the constitution of the new PGRC, all the concerned individuals/associations shall file their respective representations and it is made clear that no representations will be entertained beyond the period of four weeks.”Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.28395 of 2022In the light of the above order passed by this Court, these writ petitions are also allowed on the same lines as W.P.No.6346 of 2021. Consequently, connected miscellaneous petitions stand closed. No costs.10.12.2025Internet : YesIndex : Yes/NoSpeaking order/Non-speaking order ssaTo 1.The Additional Chief Secretary, Finance Department, Fort St.George, Chennai – 600 009.2.The Commissioner, State Transport Authority, Chepauk, Chennai – 600 005. Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.28395 of 2022P.T.ASHA, J.,ssaW.P.Nos.28395, 28399, 28401, 28402 and 28403 of 202210.12.2025Page 7 of 7