M.Punithavathi, 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.7822 & 7825 of 2024 1.M.Punithavathi 2.R.Karthiga 3.J.Suguna 4.R.Rajasekar 5.K.Rajalakshmi 6.N.Brindha 7.G.Raja 8.A.Julia 9.B.Usha Anandhi 10.K.Balaji 11.G.Shakila 12.K.Prasanna 13.J.Alamelu 14.D.Kalayarasi 15.K.R.Jayanthi 16.V.Sasipriya 17.S.Paulvannan 18.S.Jackulin Chandra 19.C.Sumathi 20.P.Manivannan 21.S.Brintha 22.P.Kamalakanni 23.K.Jayanthi 24.N.Chinnasamy 25.K.Geetha 26.S.Vijayashanthi 27.K.Shanthi
28.M.Kavitha 29.N.Muthulakshmi 30.S.Baskaran 31.S.Suresh 32.M.Aswathappa 33.M.Gopalakrishna 34.D.Chezhian 35.R.Sankaribala 36.S.Sivaranjani 37.D.Balraj 38.N.Valvarasi 39.N.Selvi 40.M.Tamilselvi 41.P.Banupriya 42.G.Lavanya 43.S.Senthilkumar 44.R.Indira 45.N.Manvizhi 46.P.Tholkappiyan 47.P.Girija 48.S.Saravanaselvi 49.S.Gomathi 50.R.Yokeswari ......
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 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 (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, 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)