A.Deepa 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.3733 and 3736 of 2024
1. A.Deepa
2. M.Santhi
3. K.Jegadeeswari
4. M.Meena
5. K.Nagarajan
6. S.V.Kayathri
7. V.Rajakumari
8. P.Nagalakshmi
9. P.Kumaradevan
10. K.Reka
11. K.Parameshwari
12. R.Sathiyasundaram
13. A.Suganya
14. K.Vasanthi
15. K.Sarathi
16. A.Tamilarasi
17. M.Banumathi
18. G.Yuvaraj
19. M.Elango
20. A.Saravanaraj
21. M.Sasikumar
22. D.Latha
23. V.Kalpana
24. M.Madeswari
25. N.Saranya
26. C.Thangamani
27. P.Veni
28. S.Githa
29. S.Rabiya Basuru
30. V.Kavitha
31. A.Meena
32. P.Poongothai
33. V.Priya Lakshmi
34. R.Selvi
35. T.Ranjith Kumar
36. S.Manimegalai
37. K.Dinesh Raj
38. M.Sarasu
39. V.Selvakumar
40. M.Sivakamasundari
41. V.Murugan
42. B.Subathra
43. R.Vediyappan
44. A.Irudaya Shagila Rajamani
45. D.Rajeswari
46. S.Yasmeen
47. S.Jeba Shajin
48. S.Alaguraja
49. A.Jeyabharathi
50. H.Mubarak
...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 (2/4) 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