P.M.Mala v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.7800 & 7801 of 2024 1.P.M.Mala 2.G.Immaculate Ramya 3.C.Vennila 4.S.Kavitha 5.V.Sekar 6.V.Akila 7.G.Arul Paulin Rubela 8.C.Sankar 9.C.Thilakan 10.J.Francis Ferdinand 11.A.Johnson 12.X.M.A.Fredrick 13.A.Mathew 14.P.Mezhi Selvam 15.S.Velayuthamoorthy 16.P.Anandhan 17.I.Maria Zeetta Loratta 18.G.Shanmugavalli 19.V.Selvaraj 20.P.Muthumuniasamy 21.M.Balaji 22.J.Thangamathi 23.M.Adhiyaman 24.G.Sakthi 25.S.Renukadevi 26.J.Sujatha
27.P.Lakshmi 28.S.Manivannan 29.A.Jeyalakshmi 30.V.Alangaram 31.U.Kalyana Sundari 32.G.Ramachandran 33.G.Santhalakshmi 34.A.Girija 35.V.Sudha 36.J.Sivagami 37.A.Elavarasi 38.P.Chitra 39.A.D.Jayanthi 40.R.Balasaraswathi 41.M.R.Rathika 42.G.Sadesh 43.K.Saravanan 44.D.Gandheeswari 45.N.Chitra 46.P.Sudha 47.C.Annamalai 48.P.Gunarathinam 49.N.Gomathi 50.P.Chitra 51.C.Roshna 52.S.Chithra 53.G.Josephine Pamela 54.V.Renuka 55.P.Saritha 56.A.Sumathi 57.K.Vembu ......
Petitioners Vs
1. The State of Tamil Nadu, Rep. by its Chief Secretary to Government, Human Resources Management (FR.IV) Department,
2. The State of Tamil Nadu, Rep. by its Secretary to Government, Personnel and Administrative Reforms Department,
3. The Director, Tamil Nadu 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 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 are eligible for sanction of increment in their salary.
For Petitioners : Mrs.Nalini Chidambaram Senior Counsel for M/s.C.Uma For R1 & R2 : Mr.V.Veluchamy Additional Government Pleader For R3 : 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 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, this writ petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.
19.03.2024 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To
1. The Chief Secretary to Government, Human Resources Management (FR.IV) Department,
G.K.ILANTHIRAIYAN. J, Lpp
2. The Secretary to Government, Personnel and Administrative Reforms Department,
3. The Director, Tamil Nadu 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.
and W.M.P.Nos.7822 & 7825 of 2024 19.03.2024 (2/2)