The Principal Accountant v. R.Umamaheswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.07.2023

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU 1.The Principal Accountant General, Office of the Accountant General (A&E), No.361, Anna Salai, Teynampet, Chennai - 600 018.

2.The Chief Educational Officer, Kancheepuram District, Kancheepuram.

3.The District Educational Officer, Kancheepuram, Kancheepuram District.

4.The Headmaster, Maraimalai Adigal Government Higher Secondary School, Pallavaram, Chennai - 600 043.

... Appellants Vs R.Umamaheswari ... Respondent Page No.1/4

PRAYER: Writ Appeal filed under Clause 15 of Letter Patent against the order dated 12.09.2014 made in W.P.No.24745 of 2014. For Appellants : Mr.K.V.Sanjeev Kumar Spl.G.P For Respondent : No Appearance

JUDGMENT

(Order of the Court was made by Mr.K.KUMARESH BABU.,J.) This Writ Appeal had been preferred by the Government challenging the order passed by the learned Single Judge by allowing the third incentive increment to the respondent. The said issue had been settled by the Full Bench of this Court in W.A.Nos.3674 of 2019 etc., batch, dated 29.04.2022. This Court also, following the said Full Bench judgment, had held that any teacher during the entire period of their tenure would be entitled only to two sets of incentive increments. 2.In the present case, the respondent herein had already been paid two incentive increments as per Government Order in G.O.(2D) No.15, dated 28.03.2023. By the order impugned in the Writ Petition, the learned Single Judge of this Court had directed third incentive increment to the rePage No.2/4

spondent herein. This would be in contrary to the law laid by the Full Bench of this Court stated supra.

3.In such view of the matter, the Writ Appeal is allowed and impugned order is set aside. However, there shall be no order as to costs. (R.S.K.,J.) (K.B., J.) 07.07.2023 Index: Yes/No Speaking Order/Non Speaking Order pbn Page No.3/4

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

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