Madras High Court
Employment and Labour LawSocial Security and Pensions

Pre-1988 service as a Secondary Grade Teacher or Primary School Headmaster counts toward Special Grade pay.

S.KITTUSAMY, NO.5/450, PON vs THE PRINCIPAL SECRETARY TO

Madras High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
Pre-1988 service as a Secondary Grade Teacher or Primary School Headmaster counts toward Special Grade pay.. S.KITTUSAMY, NO.5/450, PON vs THE PRINCIPAL SECRETARY TO. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, who had served as Primary School Headmasters and retired from service, challenged the fourth respondent’s order dated 24 June 2015 rejecting their claim for pay fixation under G.O.Ms.No.210 dated 14 August 2009 and G.O.Ms.No.190 dated 12 July 2010.

Source reference: pp. 3–5

They sought recognition of their pre-1 June 1988 service as Secondary Grade Teachers and Primary School Headmasters for fixation of the Special Grade scale in the post of Middle School Headmaster. The State opposed the claim, contending that the petitioners did not satisfy the conditions introduced by G.O.Ms.No.146 dated 19 June 2012, including holding the post of Middle School Headmaster on 1 June 1988 and retiring on or before 30 September 1994. The petitioners relied on a recent decision of the High Court in W.P.(MD) Nos.16021 to 16024 of 2018, decided on 31 August 2026.

Source reference: pp. 3–5
02

Issues

1. Whether the petitioners’ service as Secondary Grade Teachers and Primary School Headmasters before 1 June 1988 could be counted for Special Grade pay fixation in the post of Middle School Headmaster under G.O.Ms.No.210, notwithstanding that they did not meet the conditions cited by the State under G.O.Ms.No.146.

Source reference: pp. 4–5, 7

2. Whether the petitioners were entitled to consequential revision of pension and arrears.

Source reference: p. 7
03

Law Applied

G.O.Ms.No.210, School Education (G1) Department, dated 14 August 2009 permitted pre-1 June 1988 service as a Secondary Grade Teacher or Primary School Headmaster to be counted for fixation of the Special Grade scale in the post of Middle School Headmaster, with effect from 1 June 1988.

Source reference: pp. 5–6

G.O.Ms.No.190, dated 12 July 2010, extended the benefit to others who had obtained court orders.

Source reference: pp. 5–6

G.O.Ms.No.146, dated 19 June 2012, extended the benefit as a one-time measure to specified Headmasters meeting its stated conditions.

Source reference: p. 6

The Court applied the reasoning in W.P.(MD) Nos.16021 to 16024 of 2018, decided on 31 August 2026, which addressed the counting of prior service and the resulting Special Grade fixation.

Source reference: pp. 5–7
04

Reasoning

The Court treated the issue as covered by its decision in W.P.(MD) Nos.16021 to 16024 of 2018 and expressly agreed with that decision.

Source reference: p. 7

Applying its reasoning, the Court directed that the petitioners’ qualifying pre-1 June 1988 service be counted and that the Special Grade scale be notionally fixed from the date each completed 20 years of aggregate service.

Source reference: pp. 5–7

Thus, the State’s reliance on the petitioners’ failure to satisfy the G.O.Ms.No.146 conditions did not defeat the relief granted under the applicable reasoning in the cited decision.

Source reference: pp. 5–7
05

Holding

The writ petitions were partly allowed.

The respondents were directed to count each petitioner’s pre-1 June 1988 service as a Secondary Grade Teacher and Primary School Headmaster and notionally fix the Special Grade scale of Rs. 2200-75-2800-100-4000 in the post of B.Ed. Middle School Headmaster from the date the petitioner completed 20 years of aggregate service.

Source reference: p. 7

The respondents must revise pension and, where applicable, family pension, but no arrears of pay or pension are payable for any period before the date of the order. The exercise must be completed within four months of receipt of the order; no costs were awarded, and the connected miscellaneous petitions were closed.

Source reference: pp. 7–8
Madras High Court

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S.KITTUSAMY, NO.5/450, PONvsTHE PRINCIPAL SECRETARY TO

Madras High Court · October 07, 2026

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