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Madras High CourtWP/3455/2024dismissed

M.Vasantha Rani v. The State Of Tamil Nadu

2024-02-15Honourable Mr Justice G.K. Ilanthiraiyan6 pages

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.3708 and 3709 of 2024

1. M.Vasantha Rani

2. P.Poomani

3. A.Anantha Priya

4. I.Regitha

5. V.Kavitha

6. P.Sathya

7. A.Sujitha

8. A.Jayaseelan

9. M.Govindaraj

10. G.Kajalakshmi

11. K.Mahadevan

12. S.Senthil

13. L.Prabakaran

14. S.Gomathi alias Selvi

15. R.Banumathy

16. P.Annal Mary

17. S.Thamodharan

18. T.Divya

19. C.Vennila

20. D.R.Padmapriya

21. P.Anitha

22. S.Gowri

23. P.Jancymary

24. P.Sangeetha

25. C.Senthamarai

26. M.Jothi

27. R.Dhanabakkiyam

28. S.Radhika

29. D.Perumal

30. J.Babu

31. G.K.Sasikala

32. X.Kabila

33. S.Bhuvaneswari

34. S.Kavitha

35. S.Thirulogachandar

36. R.Gandhimathi

37. M.Meena

38. K.Ilavarasi

39. P.Thilagam

40. R.Selvaraj

41. J.Jayapriya

42. M.Geetha

43. D.Subha

44. M.Mary Maragatham

45. G.Premalatha

46. C.Kavitha

47. K.Radha

48. N.Vidhya

49. N.Suhira

50. R.Ananthi

...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.

15.02.2024 (1/4) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

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