Madras High CourtWP/16095/2016allowed

A.Gangadharan, v. The Government Of Tamil Nadu

2025-11-04Honourable Mr.Justice K. Surender16 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K. SURENDER and W.M.P.Nos.5808 & 24111 of 2017, 7972, 13896 & 13894 of 2016 W.P. No.16095 of 2016

1. A.Gangadharan, S/o.M.Annamalai, B.T.Assistant (Physics), Government Girls High School, Panamalaipettai, Villupuram District-605 201.

2. M.Annal Mary, W/o.M.Antony, B.T.Assistant (Chemistry), Government High School, Kalpattu, Villupuram District.

3. M.Vilvapathy, S/o.M.Murugamudali, B.T.Assistant (Science), Government High School, Vengoor-605 751, Villupuram District.

4. K.Elumalai, S/o.A.Kandasamy, B.T.Assistan (Maths), Government Higher Secondary School, Thirukovilur-605 757, Villupuram District.

5. R.Kumar, S/o.Ramasamy, B.T.Assistant (Science), Government Higher Secondary School, Sinthalingamadam, Villupuram District.

Petitioner(s) Page No.1/16

1. The Government of Tamil Nadu rep. by Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 006.

3.The District Educational Officer, Villupuram District, Villupuram.

4.The Regional Accounts Officer (Audit), Department of School Education, Town Hall, Coimbatore.

5.The Headmaster, Government Girls High School, Panamalaipettai, Villupuram District-605 201.

6.The Headmaster, Government High School, Kalpattu, Villupuram District.

7.The Headmaster, Government High School, Vengoor 605 751, Villupuram District.

8.The Headmaster, Government Higher Secondary School, Thirukovilur 605 757, Villupuram District.

9.The Headmaster, Government Higher Secondary School, Sinthalingamadam, Villupuram District.

Respondent(s) Page No.2/16

W.P. No. 8967 of 2016

1. K.Gunasekaran B.T.Assistant (Science) Government High School, Pudhukuraipettai, Virudhachalam Taluk, Cuddalore District 606 003 2.K.Selvagandhi B.T.Assistant (Maths) Government High School, Palaynkottai (Po) Kattumannarkoil Taluk, Cuddalore District 608 701 3.L.Jeyachandran B.T.Assistant (Science) Government High School, Periyanesalur, Veppur Taluk, Virudhachalam, Cuddalore District 606 304 4.K.Santhanam B.T.Assistant (Maths) Government High School, Pudhukuraipettai, Virudhachalam Taluk, Cuddalore District 606 003 5.G.Govindan B.T.Assistant (Maths) Government Girls High School, Tholudur, Tittagudi Taluk, Cuddalore District 606 303 6.P.Sivakumar B.T.Assistant (Science) Government Girls High School, Nallur, Veppur Taluk, Cuddalore District Petitioner(s) Vs

1. The Government of Tamilnadu rep. by Principal Secretary to Government, School Education Department, Fort St. George, Chennai 600 009 Page No.3/16

2.The Director of School Education, College Road, Chennai-6 3.The Chief Educational Officer Cuddalore District, Cuddalore 4.The District Educational Officer, Virudhachalam, Cuddalore District, Cuddalore 5.The Regional Accounts Officer (Audit) Department of School Education, Town Hall, Coimbatore 6.The Headmaster Government High School, Pudhukuraipettai, Virudhachalam Taluk, Cuddalore District 606 003 7.The Headmaster Government High School, Palayankottai (Po) Kattumannarkoil Taluk, Virudhachalam, Cuddalore District 608 701 8.The Headmaster Government High School, Periyanesalur, Veppur Taluk, Virudhachalam, Cuddalore District 606 9.The Headmaster Government Girls High School, Tholudur, Tittagudi Taluk, Cuddalore District 606 303 10.The Headmaster Government Girls High School, Nallur, Veppur Taluk, Cuddalore District Respondent(s) Page No.4/16

WP No. 16096 of 2016

1. A.Vellaisamy, S/o.A.Annadurai, B.T.Assistant (Physics), Government Higher Secondary School, Ponparappi, Sendurai Taluk, Ariyalur District-621 710.

2.R.Ayyasamy, S/o.Rajangam, B.T.Assistant (Science), Government High School, Salaiyakkurichi, Ottakkovil Post, Ariyalur Taluk and District-621 710.

3.M.Muruganantham, S/o.V.Murugaiyan, B.T.Assistant (Physics), Government High School, Vilangudi, Ariyalur Taluk and District-704.

4.E.Karthikeyan, S/o.S.Elangovan B.T.Assistant (Chemistry), Government High School, Anganur, Sendurai Taluk, Ariyalur District.

5.M.A.Pazhanivel, S/o.Annamalai, B.T.Assistant (Science), Government Higher Secondary School, K.Ambapur, Ariyalur District-704.

6.R.Jeyanthi, D/o.M.Raju, B.T.Assistant (Science), Government High School, Keelaiyur-621 707, Ariyalur District.

7.A.Indra Nehru, D/o.Ayyakannu, B.T.Assistant (Maths), Government Higher Secondary School, Thuraiyur Road, Perambur-212.

8.A.Rajarajan, S/o.C.Alagu, B.T.Assistant (Maths), Government High School, Venbavur, Perambalur District-621 116.

Page No.5/16

9.B.Hemalatha, W/o.J.Jeyachandar, B.T.Assistant (Physics), Government High School, Venbanur, Veppanthattai Taluk, Perambalur District-116.

10.S.Nidhya, D/o.G.Shanmugasundaram, P.G.Assistant(Physics), Government Higher Secondary School, Keelakavatankurchi, Ariyalur District.

11.A.Kamalakannan, S/o.N.Arumugam, P.G.Assistant (Physics), Government Higher Secondary School, Chettikulam, Perambalur District.

Petitioner(s) Vs

1. The Government of Tamil Nadu, Rep.by Principal Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-006.

3.The Chief Educational Officer, Ariyalur District, Ariyalur.

4.The Chief Educational Officer, Perambalur District, Ariyalur.

5.The District Educational Officer, Ariyalur, Ariyalur District.

6.The District Educational Officer, Perambalur, Perambalur District.

Respondent(s) Page No.6/16

WP No. 16095 of 2016 PRAYER Calling for the records of the 1st respondent in relation to the proceedings issued in Letter (Ms) No.129 School Education PK5(2) 2013-1 dated 17.07.2013 and quash the same in so far as the petitioners are concerned and issue a consequential direction to the respondets to grant incentive increment for M.Phil. degree from the date following the last date of the examination. WP No. 8967 of 2016 PRAYER calling for the records of the 1st respondent in relation to the proceedings issued in Letter (Ms) NO.129 School Education (PK5(2) 2013-1 dated 17.7.2013 and quash the same in so far as the petitioners are concerned and issue a consequential direction to the respondents to grant incentive increment for M.Phil, degree from the date following the last date of the examination. WP No.

16096 of 2016 PRAYER Calling for the records of the 1st respondent in relation to the proceedings issued in Letter (Ms) No.129 School Education (PK5(2)) 2013-1 DATED 17.07.2013 and quash the same in so far as the petitioners are concerned and issue a consequential direction to the respondents to grant incentive increment for M.Phil. degree from the date following the last date of the examination.

Mr.R.Saseetharan For Respondent(s):

Raja Rajeswari GA for Respondents COMMON ORDER The writ petitioners in the present writ petitions are working as B.T. Assistants (School Assistants) under the service of the first respondent i.e., the Page No.7/16

Tamil Nadu School Educational Subordinate Service, i.e., High School Service. The petitioners have qualified M.Phil and have sought for the incentive increment.

2.The petitioners were granted incentive increments for the second time for M.Phil as per the G.O.(1D)No.18 School Education Department, 18.01.2013, from the date following the date of last examination of their degree. However, the impugned letter of clarification was issued by the Government, Principle Secretary, on 17.07.2013, clarifying that the B.T.Assistants are entitled for incentive increment for second time for M.Ed. or M.Phil or Ph.D as per the G.O.(1D)No.18 School Education Department 18.01.2013, but the said incentive increment for the second time has to be sanctioned from the date of the issue of the G.O. i.e., from 18.01.2013 and not from the date following the date of last examination of their degree.

In view of the clarification given in way of the impugned letter, the Department has passed an order of recovery of the amount that has been sanctioned to the petitioners from the date of last examination of their degree till the date of issuance of the G.O. 3.Aggrieved by the order of recovery of the incentives that were already paid, the writ petitioners are before this Court. The writ petitioners further seek to direct the Government/1st respondent to pass an order clarifying that the Page No.

grant of incentives from the date following the date of last examination of the degree ie., M.Ed. or M.Phil or Ph.D is correct and shall be continued and the Government letter, dated 17.07.2013, directing incentive increment for the second time has to be sanctioned from the date of issuance of the G.O. i.e., from 18.01.2013 has to be quashed.

4.The learned counsel appearing for the petitioner would submit that in view of the Rule F.R.26(2), the payment of the incentive should be from the date following the date of last examination of the degree, and it reads as follows:

(2)In cases where the passing of an examination or test confers on the Government servant the title to any right, benefit or concession, such title should be deemed to have accrued on the day following the last day of the examination or test which he passed. In cases where the examination or test can be passed in instalments, the title to the right, benefit or concession will be deemed to have accrued on the day following the last day of the examination in the subject or subjects in which he has passed."

5.The learned counsel for the petitioner relied on the judgement of learned Single Judge of this Court passed in W.P.No.2912 of 2016 dated 09.01.2023, in the case of S.Suriaprakasam and others vs. Government of Tamil Nadu also the judgement of the learned Additional Bench passed in W.A. Page No.9/16

(MD) No.1556 of 2025 dated 22.08.2025, in the case of Government of Tamil Nadu vs. R Bhaskar. On the basis of the said judgements, the learned counsel would argue that though the said G.O. was passed on 18.01.2013, however, by virtue of the Rule F.R. 26(2), the petitioners are entitled to the incentives as paid by the respondents and further in view of the impugned clarification, the said payment that was made, cannot be recovered since the payments are in accordance with the Ruling F.R. 26(2).

6.On the other hand, the counsel appearing of the respondents stated that the incentives can be granted prospectively and that too from the date of the said G.O., i.e., 18.01.2013. Unless the G.O. specifies the retrospectivity, the question of granting the incentives from the date following the date of last examination of the degree does not arise. The learned counsel relied on the judgement of the Hon'ble Division Bench of this Court passed in W.A.Nos. 392 of 2025 and batch dated 21.04.2025 in the case of The Secretary to Government, School Education Department vs. A.Thiru Kumaran for supporting his submission. 7.The dispute in question is whether incentive increment for the second time has to be sanctioned from the date of issuance of the G.O. i.e., from 18.01.2013 or from the date following the date of last examination of the degree.

Page No.10/16

8.In the judgement cited supra by the learned counsel for the respondents, the learned Division Bench of this Court was also dealing with G.O.(1D)No.18 School Education Department and found that the said G.O. will be applicable prospectively unless it is explicitly stated in the G.O. regarding retrospective effect and no such incentives can be granted retrospectively. 9.Having gone through the learned Division Bench Judgement in W.A.Nos. 392 of 2025 and batch, dated 21.04.2025 and also the impugned letter, Rule F.R. 26 was neither discussed nor considered.

The said rule which is extracted, clarifies that the Government servant who is passing the examination would be entitled to any right / benefit or concession and such entitlement would be accrued on the day following the last date of the examination or test which the Government servant has passed. It is not disputed that all the petitioners herein have qualified M.Phil and they were granted the incentive increment from the date of the last examination of their degree respectively. 10.More particularly neither the letter nor the judgement of the learned Division Bench refers to the Rule F.R.26. Therefore, the said letter cannot be sustained nor can any reliance be placed on the learned Division Bench judgement, since the said Rule has not been referred to. Page No.

11.In view of the above discussion, the petitioners are entitled to the increment from the last date of passing the qualifying the examination though the G.O. is dated 18.01.2013. Needless to say that the order of recovery of the amount that has been sanctioned to the petitioners from the date of the last examination of their degree respectively, till the date of issuance of the G.O. cannot be sustained.

12.Accordingly, the writ petitions are allowed. Impugned communication is quashed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.

Sha 04-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Page No.12/16

WP No. 16095 of 2016 To 1.The Government of Tamil Nadu rep. by Principal Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.