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Madras High Court· 20 July 2026

Can a writ court fix or re-fix pay by mandamus on the strength of a single Government Order?

The Headmaster Government High School, Para Nattamangalam, Salem-10 v. S.Amirtham
WA No. 1967 of 2026 · WA No. 1967 of 2026
Coram: Justice S.M.Subramaniam · Justice N.Senthilkumar
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Answer

No. Fixation of pay, revision of pay and the grant of selection grade or special pay are to be decided with reference to the individual's Service Register, and that is not an exercise a court undertakes in judicial review. Acting on one Government Order alone leaves both the applicant and the Court unaware of the clarifications, or the opinion of the Accountant General, that bear on the question — which is why the authorities must decide at the first instance and the aggrieved person may come to Court only afterwards.

Headnote

Pay Rules and Government Orders — Selection Grade — Fixation of pay — Judicial review — Writ of Mandamus — Pay Rules and Government Orders — Fixation of pay — Administration decides at the first instance — Held: Fixation of pay and grant of selection grade turn on the Service Register and on clarifications the Court cannot see; the writ court exercises restraint and leaves them to the authorities at the first instance. (¶4) Writ of Mandamus — Pay fixation for one person — Prejudice to those similarly placed — Held further: A mandamus fixing one person's pay may prejudice those similarly placed. Order set aside, with liberty to apply to the competent authority. Appeal allowed. (¶5, ¶7)

In the Court's own words
Paragraph 4Fixation of pay is a complex issue which is to be decided by the administration at the first instance. The eligibility for fixation of pay, revision of pay, grant of selection grade or special pay are to be decided with reference to the Service Register of individuals and such an effort need not be undertaken by the High Court in exercise of the powers of judicial review. Merely based on one Government Order if pay revision, grant of selection grade or special pay is granted, the person approaching the Court as well as the Court may not be aware of the clarifications, opinion of the Accountant General of Tamil Nadu or any other issues in connection with the fixation of pay or re-fixation. This exactly is the reason why the Courts are expected to exercise restraint in pay matters, wherein the authorities must be allowed to take a decision at the first instance and if any such order is passed, thereafter the aggrieved person may approach the higher authority and thereafter the Court in the manner known to law.

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Also decided in this judgment
Does an order fixing one employee's pay by mandamus have consequences beyond that employee?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections