. A.Sundari, 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.6948, 6951, 6952 & 6954 of 2024 W.P.No.6252 of 2024
1. A.Sundari
2. P.Gnanamuthumalathi
3. J.Mohan
4. N.Sathyaraj
5. J.Manikandan
6. V.Periyasamy
7. D.S.Leelavathi
8. C.Ramalingam
9. B.Thamizhkko
10. K.Kumaresan
11. R.Subashsharma
12. N.Aruna Devi
13. S.Vidhyalakshmi
14. C.Sudha
15. S.Sudarmathi
16. M.Mahalakshmi
17. A.Arumuga Kumar
18. A.Vishalatchi
19. G.Sasi
20. M.Jayanthi
21. P.Balakumar
22. S.Gunasundari
23. A.Vilvanathan
24. K.Sumathi
25. S.Kavitha
26. N.Kalaivani
27. P.Pushpa
28. P.Rajalakshmi
29. S.Venkatachalam
30. M.Sudha
31. C.Maheswari
32. P.Mageshwari
33. C.Gajalakshmi
34. S.Dhivya
35. C.Velayutham
36. S.Bhuvaneswari
37. M.Sasikala
38. P.Kalaichelvi
39. P.Sangeetha
40. M.Madeswari
41. K.Saranya
42. D.Vardharaju
43. S.Renukadevi
44. V.Amudhavalli
45. S.Kumaran
46. S.Menaga
47. P.kasi
48. G.Vendamani
49. M.Shakila
50. A.Sakthivel ... 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.6253 of 2024
1. L.Sripriya
2. A.Nivetha
3. M.Uma Maheswari
4. G.Nalini
5. K.Narmatha
6. M.Ganesan
7. M.S.Saranya
8. N.Uma
9. A.P.Annapooranam
10. R.Ponnuchamy
11. M.Rajeswari
12. G.Vijayalakshmi
13. A.Selvarani
14. P.Umarani
15. R.Veni
16. R.P.Kavitha
17. M.J.Pavithra
18. P.Valli
19. A.Nithya
20. C.Amutha
21. S.Tamilselvi
22. V.Kavitha
23. A.Alice Helen Glory
24. C.Kannan
25. D.Suriaselvi
26. C.Saravanan
27. C.S.Amalselvi 28.V.Elavarasan 29.M.Esaimathi 30.M.Janani 31.M.Madhaiyan 32.S.Nandhinikumari 33.S.Sudha 34.J.P.Epiphany Devakirubai 35.M.Selvi 36.K.Ranuka 37.N.Sangitha 38.V.Saravanakumar 39.V.Sathyarani 40.K.Rubanandhini 41.R.Sargunavathi 42.K.Sripriya 43.S.Panneer Doss 44.N.Sivagamy 45.K.Balasubramaniyan 46.M.Baskar 47.T.Rani 48.K.Seetha 49.V.Sheelarani 50.J.Venkatesan
...Petitioners
-Vs-
1.The State of Tamil Nadu rep. By its Secretary to Government Human Resource Management (FR-IV) Department Fort St. George Chennai - 9.
2.The State of Tamil Nadu rep. By its Secretary to Government Personnel and Administrative Reforms Department Fort St. George Chennai - 9.
3.The Directorate Tamil Nadu Government Audit Department No.571, Officers building Veterinary Hospital Campus 4th Floor, Annasalai Nandhanam, Chennai - 35.
4.The Director of School Education DPI Complex, College Road Chennai - 6.
...Respondents in both W.P.s'
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-IV) 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 : Mr.K.Tamilvendan 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-IV) 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 Chief Secretary to Government, Human Resources Management (FR.IV) Department, Fort. St. George, Chennai-600 009.
2. The 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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