V.Kumaresan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.3644 and 3645 of 2024
1. V.Kumaresan
2. M.Nabeesha
3. G.Furzana
4. N.Anish Rahuman
5. R.Vanaja
6. S.Vinodhkumar
7. N.Muruganandam
8. B.Elavarkuzhali
9. A.Esakkiammal
10. S.Singarasundari
11. E.S.Geetha
12. G.Kaniselvi
13. G.Rubha
14. S.Anitha
15. V.Kavitha
16. R.Duraibabu
17. P.Vivekananda
18. R.Balamurugan
19. A.Suvakkin
20. R.Loganathan
21. N.Shanmugam
22. J.H.Benadict
23. E.Velmurugan
24. K.Arulanandam
25. S.Arockia Jayarani
26. G.Lakshmi
27. P.Prema
28. K.Sasikala
29. K.Meeran Hussain
30. B.Amutha
31. S.Renganayaki
32. K.Indurani
33. P.Nisha
34. S.Revathi
35. G.S.Josephine Sunetha Mary
36. P.Shanmugasamy
37. P.Subbulakshmi
38. S.Shenbagalakshmi
39. H.Devabalan
40. S.M.Kavitha
41. R.Pavalavalli
42. S.Edison Prkash
43. K.Rekha
44. T.Vennila
45. R.Gopalakrishnan
46. K.Karthigai Jothi
47. S.Sekar
48. S.Rosaline Stella
49. G.Chitra
50. Shanthi Natarajan
...Petitioners
-Vs1.The State of Tamilnadu, Represented by its Chief Secretary to Government, Human Resources Management (FR.IV) Department, Fort. St. George,
2. The State of Tamilnadu Represented by its Secretary to Government, Personnel and Administrative Reforms Department, Fort. St.George,
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 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of 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 10.03.2023 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 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 eligible for sanction of increment in their salary.
For Petitioners : M/s C.Uma For R1 to R3 : Mr.V.Veluchamy Additional Government Pleader For R4 : Mrs.S.Mythereya Chandru Special Government Pleader
ORDER
This writ petition has been filed 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 10.03.2023 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 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 eligible for sanction of increment in their salary.
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 WP.Nos.1605 of 2023 and batch, dated 29.01.2024, this writ petition is dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.
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G.K.ILANTHIRAIYAN. J, mn To
1. The Chief Secretary to Government, The State of Tamilnadu, Human Resources Management (FR.IV) Department, Fort. St. George,
2. The Secretary to Government, The State of Tamilnadu Personnel and Administrative Reforms Department, Fort. St.George,
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.
15.02.2024