R.Prabu v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.6956, 6957, 6970 & 6971 of 2024 W.P.No.6250 of 2024

1. R.Prabu

2. T.Alayee

3. A.Arulmoli

4. T.Aruna

5. N.Aysha Begum

6. P.Chandrasekaran

7. K.R.Charanya

8. V.Deepa

9. P.Gowri

10. K.Karthika

11. I.Leena Anandi

12. B.Manickavasagan

13. G.Manikandan

14. R.Manivel

15. R.Nithya

16. K.Rajakumar

17. S.Rajeshwari

18. R.Rajkumar

19. K.Rathi

20. A.Renu Priya

21. G.Saradha

22. P.Sasikumar

23. C.Settu

24. A.Srinivasan

25. M.Subbulakshmi

26. V.Sumathi Sundara Bhavanam

27. K.Suresh

28. S.Tamilselvi

29. K.Sivasakthi

30. P.A.G.Arthi

31. M.Arul

32. K.Deepan

33. R.Geetha

34. S.Kalaiselvi

35. C.Mallika

36. M.Pushpagaran

37. M.Prabu

38. I.Sakthivel

39. N.Saraswathi

40. M.Suresh

41. A.Avudaiammal

42. P.Kavitha

43. A.Sankar

44. M.Anbu

45. T.R.K.Chithra

46. P.Chozhan

47. G.Elaya Perumal

48. J.Geetha

49. A.Manigandan

50. S.Senthilkumar ... Petitioners -Vs1.The State of Tamilnadu, Represented by its Chief Secretary to Government, Human Resources Management (FR.IV) Department, Fort. St. George, Chennai-600 009.

2. The State of Tamilnadu Represented 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 Director of School Education, DPI Complex, College Road, Chennai - 600 006.

...Respondents

W.P.No.6270 of 2024

1. T.Sivakumar

2. M.Vidhya Lakshmi

3. C.Vasanthi

4. D.Dineshkumar

5. K.Vinoth Kumar

6. P.Baby

7. K.Govindaraj

8. K.Jahnsi Rani

9. R.Logendiran

10. A.Mahadeva

11. K.Sakthi

12. N.Selvaraj

13. R.Thana Kumar

14. D.Tamilselvi

15. K.Thriveni

16. K.Mallika

17. G.Kalpana

18. H.P.Suma

19. P.Saravanapriya

20. K.G.Radha

21. K.Sumathi

22. K.Anbuselvi

23. R.Balakumar

24. S.Dineshkumar

25. J.Fabiola

26. D.Ganga

27. K.Ilangani

28. Kandappan

29. P.Kannaki

30. S.Radha

31. P.Sivasankari

32. K.Tamilmaran

33. S.Gayathri

34. R.Vanathi

35. C.N.Prabha

36. E.Rajeswari

37. Sundararajan

38. S.Divya

39. S.Anitha

40. S.Balaarasan

41. M.Deepa

42. C.Santhosh

43. P.Dhanalakshmi

44. R.Thamaraiselvi

45. G.Ramesh

46. N.Prabakari

47. V.Ramani

48. A.Suresh

49. R.Banumathy

50. V.Umarani ... Petitioners vs

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

2. The State of Tamilnadu Represented 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 Director of School Education, DPI Complex, College Road, Chennai - 600 006.

...Respondents

Common 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.

(In both W.Ps') For Petitioners : M/s.C.Uma For Respondents 1 to 3 : Mrs.R.L.Karthika Government Advocate For Respondent 4 : Mrs.S.Mythereya Chandru Special Government Pleader COMMON

ORDER

These writ petitions have been filed calling for the records of the first respondent in G.O.Ms.No.95, Human Resources Management (FRIV) 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 appearing 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, these writ petitions are dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

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

2. The State of Tamilnadu Represented 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 Director of School Education, DPI Complex, College Road, Chennai - 600 006.

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