B.Radhika v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.1598 of 2024 1 B.RADHIKA 2 N.NAGALAKSHMI 3 A.RAHIMA BEEVI 4 A.VIJAYALAKSHMI 5 C.JAMUNA RANI 6 M.RAJALAKSHMI 7 SARAH GEORGE 8 A.MARIA AUXILIA 9 P.DEVI 10 S.SATHIYA 11 M.ANTONY MARY 12 S.SAHAYA VALENTINA 13 K.SELVI 14 K.LAKSHMI 15 M.VETHAMARY 16 R.SURESH 17 A.ARUNA VIJAYALAKSHMI 18 C.DEVI 19 G.SREETULASI 20 G.BUVANESHWARI 21 J.NAGASORNAMUGI 22 G.P.SELVI 23 N.KANDHASAMI 24 V.KASTHURI 25 S.MARIA PRASENNA 26 B.LATHA 27 K.AMUDHAKOWSALYA 28 S.SELVAKUMAR 29 T.MANIMEGALAI 1/10
30 T.PACKIASUNDARI 31 A.VANITHA PARVATHY 32 K.SULOCHANA 33 G.THAMIZHARASAN 34 P.PUGAZHARASU 35 P.PADMAVATHI 36 M.VADIVELU 37 A.GOPI 38 K.V.MANJULA 39 S.USHA RANI 40 C.PREMKUMARI 41 P.TRYBOSE RAJABAI 42 K.NIRMALA 43 V.RADHA 44 P.S.SHARMILA 45 P.M.P.SUCILA DEVI 46 S.NIRMALA 47 A.SANKAR 48 C.THIRUNAVUKKARASU 49 M.MAHALAKSHMI 50 L.GEJALAKSHMI 51 T.MALARKODI 52 B.RHAMADEVI 53 R.NALINI 54 P.KASTHURI SORNA SHENBAGAM 55 P.NAGAMANI 56 H.RAJEYAMMAL 57 M.RAJATHI 58 V.PRADEEPA 59 A.GAYATHRI 60 B.MARY RAPHELA 61 M.KANIMOZHI 62 C.NARGIS RATHINA RANI 63 P.PADMAVATHY 64 P.PALANI 65 Y.A.M.DURAI 66 K.THILAK 67 M.MAHADEVI 68 R.SARASWATHI 69 S.SHANTHI KAMALAM 2/10
70 B.USHA 71 G.SIVAJOTHI 72 V.HEMA 73 S.JONA ELISABETH 74 K.BHAVANI 75 S.SRIDEVI 76 R.RAMANI 77 S.MANIKANDAN 78 V.NANDHINI 79 L.S.VIJAYALAKSHMI 80 S.RAJALAKSHMI 81 S.KUMARI LATHA 82 S.SAMBATHKUMAR 83 A.EMMANUVEL 84 S.VIOLET VITTA BAI 85 A.THIRUMAL 86 L.FRANCIS 87 S.YASEEN BASHA 88 G.RAJASEKAR 89 K.KALAVATHI 90 R.SUGANTHI 91 M.MAHESWARI 92 S.KARUNANITHI 93 S.SATHIYABAMA 94 M.SENTHILKUMARI 95 V.AMUDHA 96 K.SIVAGAMASUNDARI 97 G.RAMAMOORTHY 98 V.PRADHIPA 99 M.NAVANEETHA KRISHNAN 100 G.SHANTHINI ... Petitioners Vs.
1 THE STATE OF TAMIL NADU, REP. BY ITS CHIEF SECRETARY TO GOVERNMENT, HUMAN RESOURCES MANAGEMENT (FR.IV) DEPARTMENT, FORT. ST GEORGE, CHENNAI - 600 009.
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2 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, FORT. ST GEORGE, CHENNAI - 600 009.
3 THE DIRECTOR, TAMIL NADU GOVERNMENT AUDIT DEPARTMENT, NO.571, OFFICERS BUILDING, VETERINARY HOSPITAL CAMPUS, 4TH FLOOR, ANNA SALAI, NANDANAM, CHENNAI - 600 035.
4 THE JOINT DIRECTOR (PERSONNEL) SCHOOL EDUCATION DEPARTMENT, DPI COMPLEX, COLLEGE ROAD, CHENNAI - 600 006.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.Ms.No.95, Human Resources Management (FRIV) Department, dated 26.10.2023 and quash the same in so far as the said government order has in paras 7 and 8 made an unreasonable classification violative of Article 14 of the Constitution between claims for additional incentive for having acquired the additional qualification prior to 10.03.2023 which are pending or not made as on 10.03.2020 being the date of G.O.Ms.No.37 Personnel and Administrative Reforms (FR-VI) Department and claims for additional incentive which have already been processed and sanctioned prior to 10.03.2020 will be continued to receive incentive in the salary and consequently direct 4/10
the first respondent to grant the first or second incentive, as the case may be, for the petitioners who have acquired additional qualification prior to 10.03.2020 and are eligible for sanction of increment in their salary.
For Petitioners : Mrs.Nalini Chitambaram Senior Counsel for M/s.C.Uma For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader
O R D E R
This writ petition has been filed challenging paras 7 and 8 of G.O.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023 issued by the first respondent and for direction to the first respondent to grant the first or second incentive, as the case may be, for the petitioners who have acquired additional qualification prior to 10.03.2020 and are eligible for sanction of increment in their salary.
2.The learned Senior Counsel appearing for the petitioners submitted that the petitioners are serving Teachers and they obtained prior permission for acquiring higher educational qualification and obtained higher educational qualification prior to G.O.Ms.No.37, 5/10
Personnel and Administrative Reforms (FR-VI) Department, dated 10.03.2020 and they made application to the respondents prior to G.O.Ms.No.37, however, the respondents did not pass any order in view of G.O.Ms.No.37, Personnel and Administrative Reforms (FR-VI) Department, dated 10.03.2020, G.O.Ms.No.116 dated 15.10.2020, G.O.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023, thereby, challenging paras 7 and 8 of G.O.Ms.No.95, dated 26.10.2023, which provides for lumpsum amount, the petitioners filed the present writ petition. 3.The learned Senior Counsel appearing for the petitioners further submitted that the issue involved in the writ petition is no longer res integra and the same has already been decided by the Hon'ble Division Bench of this Court in W.A.Nos.3491 and 3496 of 2024 [A.Sundari and others Vs.
The State of Tamil Nadu and others] dated 03.12.2024, the Hon'ble Division Bench of the Madurai Bench of this Court in W.A(MD) No.975 of 2024 [The Director of Elementary School Education and two others Vs. M.Fatima Vijaya Latha and another] dated 12.06.2024, the Hon'ble Division Bench of the Madurai Bench of this Court in W.A(MD) No.1052 of 2024 [The State of Tamil Nadu, Represented by its Secretary and others Vs. A.
others] dated 21.06.2024, the Hon'ble Division Bench of this Court in W.A.No.2979 of 2025 [M.Bathirasamy and others Vs. State of Tamil Nadu, Represented by its Chief Secretary to Government and two others] dated 10.10.2025.
4.The learned Senior Counsel appearing for the petitioners further submitted that this Court may issue direction to the respondents to process petitioners individual application made prior to G.O.Ms.No.37, dated 10.03.2020, if they had acquired higher educational qualification with prior permission and grant increment for the petitioners who have acquired additional qualification prior to 10.03.2020.
5.The learned Special Government Pleader submitted that as against the order passed by the Hon'ble Division Bench of this Court in W.A.Nos.3491 and 3496 of 2024, review petitions are pending in Review Application Nos.97 and 98 of 2025, however, no interim order was passed.
6.The issued involved in the writ petition is whether the relevant Government Order is applicable prospectively or 7/10
retrospectively. The Hon'ble Division Bench of this Court concurrently held that the Government Order is applicable only prospectively and not retrospectively.
7.In view of the above, this Court direct the respondents to process the petitioners individual application if they satisfy the norms prescribed in G.O.Ms.No.37, dated 10.03.2020 and pass appropriate orders on the individual application, within a period of twelve weeks from the date of receipt of a copy of this order, on the basis of the order passed by the Hon'ble Division Bench of this Court, however, the order passed by the respondents to the individual petitioner is subject to the result of the review petitions pending in Review Application Nos.97 and 98 of 2025.
8.The writ petition is disposed of on the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 02.12.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 8/10
To 1 THE CHIEF SECRETARY TO GOVERNMENT, HUMAN RESOURCES MANAGEMENT (FR.IV) DEPARTMENT, FORT. ST GEORGE, CHENNAI - 600 009.
2 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, FORT. ST GEORGE, CHENNAI - 600 009.
3 THE DIRECTOR, TAMIL NADU GOVERNMENT AUDIT DEPARTMENT, NO.571, OFFICERS BUILDING, VETERINARY HOSPITAL CAMPUS, 4TH FLOOR, ANNA SALAI, NANDANAM, CHENNAI - 600 035.
4 THE JOINT DIRECTOR (PERSONNEL) SCHOOL EDUCATION DEPARTMENT, DPI COMPLEX, COLLEGE ROAD, CHENNAI - 600 006.
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M.DHANDAPANI,J.
pri And W.M.P.No.1598 of 2024 02.12.2025 10/10