S.Muthu v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.2052 & 2060 of 2024 and WMP.Nos.2187, 2188, 2210 & 2211 of 2024 W.P.No.2052 of 2024

1. S.Muthu

2. C.Madesh

3. N.Senthilkumar

4. M.Mahalakshmi

5. A.Anni Sujitha Rose

6. P.Gomathi

7. R.Chandrasekar

8. N.Sasikumari

9. M.Vinodha

10. M.Usha

11. M.Kolanthaivel

12. M.Rajakumari

13. V.Singaram

14. G.Nirbankumar

15. S.Poongodi

16. V.Rasya

17. A.R.Janaki

18. I.Sabitha Begam

19. J.Geetha

20. G.Kavitha

21. F.Mary Josephine

22. G.Thilakam 1/10

23. B.Karthikeyan

24. J.Bhavani

25. A.Martina

26. A.Angayammal

27. P.Soundaravalli

28. D.Kalpanarani

29. M.Kalaimani

30. S.Sathiya Prabha

31. V.Vidhyalakshmi

32. A.Ashok Kumar

33. K.Latha

34. E.Deepika

35. D.Kartheeban

36. G.Saradha

37. V.B.Vidya Lakshmi

38. T.Karthik

39. A.Nirmala

40. M.Indumathi

41. P.Ramya

42. R.Palanisamy

43. R.Prabhudoss

44. C.Suguna

45. P.Gobalakrishnan

46. P.Abirami

47. S.Jayasundari

48. K.Venmani

49. P.K.Tamilselvi

50. A.Abirami ....Petitioner vs

1. The State of Tamilnadu, Rep. by its Chief Secretary to the Government, Human Resources Management (FR-IV) Department, Fort St., George, Chennai - 600 009.

2. The State of Tamilnadu, Rep. by its Secretary to Government, 2/10

Personnel and Administrative Reforms Department, Fort St., George, Chennai-600 009.

3. The Director, Tamilnadu 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 in W.P.No.2052 of 2024: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.Ms.No.95, Human Resources Management (FR-IV) 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 10.03.2020 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 the first respondent to grant the 1st or 2nd incentive, as the case may be, for the petitioners who 3/10

have acquired additional qualification prior to 10.03.2020 and are eligible for sanction of increment in their salary.

W.P.No.2060 of 2024

1. A.Niranjanadevi

2. G.Banupriya

3. M.Kalaivani

4. S.Latha Lakshmi

5. P.Rajeswari

6. M.Gopinath

7. M.Kamalmbal

8. K.Akila

9. R.Rajeswari

10. S.Poongodi

11. K.Krishnan

12. S.Yogeswaran

13. C.Jayaraman

14. C.Ambika

15. G.R.Sathiyaraj

16. K.Ramalingam

17. K.Raja

18. S.Dhevachelvi

19. N.Selvi

20. K.Mahalakshmi

21. R.Kannadasan

22. R.Rooba

23. B.Sudha

24. S.Sivagami

25. C.Paramasivan

26. S.Thirumalraj

27. R.Ananthavalli

28. V.Kumudhini

29. K.Manivannan

30. S.Murugesan

31. C.Nandhini Devi 4/10

32. T.Willaim Robert Gobi

33. N.Perumal

34. B.Uma

35. L.Akila

36. A.Rameesha Beham

37. R.Shanmugapriya

38. M.Prakash

39. M.Sundarraju

40. S.Sathyamegala

41. B.Shankari

42. S.Elakiya

43. A.W.Daniel Jayasingh

44. K.Punithavalli

45. P.Kannan

46. N.Geethalakshmi

47. D.Lakshmi

48. M.S.Revathi

49. R.Godhawari

50. K.Anandhan ... Petitioners.

-vs1. The State of Tamilnadu Rep. by its Chief Secretary to Government, Human Resources Management (FR.IV) Department, Fort St., George, Chennai-600 009.

2. The State of Tamilnadu, Rep. by its Secretary to Government, Personnel and Administrative Reforms Department, Fort. St., George, Chennai-600 009.

3. The Director, Tamilnadu Government Audit Department, No.571, Officers Building, Veterinary Hospital Campus, 5/10

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 in W.P.No.2060 of 2024: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.Ms.No.95, Human Resources Management (FR-IV) 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 10.03.2020 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 the first respondent to grant the 1st or 2nd 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.

(In both W.Ps') For Petitioners : Mrs.Nalini Chidambaram Senior Counsel for Mrs.C.Uma 6/10

For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Dr.T.Seenivasan, Special Government Pleader COMMON ORDER These writ petitions have been filed challenging the Government Order in G.O.Ms.No.95 Human Resources Management (FR-IV) Department dated 26.10.2023 passed by the first respondent.

2. Heard the learned counsel on either side and perused the materials available on record.

3. This Court had already dealt with a similar issue in WP.Nos.1605 of 2023 and batch and this Court by an order dated 29.01.2024, dismissed the writ petitions.

4. Therefore, in the light of the order passed by this Court in 7/10

WP.Nos.1605 of 2023 and batch, dated 29.01.2024, these writ petitions are dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

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1. The State of Tamilnadu, Rep. by its Chief Secretary to the Government, Human Resources Management (FR-IV) Department, Fort St., George, Chennai - 600 009.

2. The State of Tamilnadu, Rep. by its Secretary to Government, Personnel and Administrative Reforms Department, Fort St., George, Chennai-600 009.

3. The Director, Tamilnadu 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.

G.K.ILANTHIRAIYAN, J.

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