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Madras High CourtWP/11129/2026allowed

N.D.Jayagowri v. The State Of Tamil Nadu

2026-03-26Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA N.D.Jayagowri W/o. Dhatchinamoorthi, Secondary Grade Teacher, Panchayat Union Middle School, Usambadi, Thurinjapuram Block, Thiruvannamalai District ..Petitioner(s) Vs

1. The State of Tamil Nadu Rep. by principal secretary to Government, School Education Department Secretariat, Chennai 09

2. The Director of Elementary Education DPI Campus, College Road, Chennai 06

3. The District Educational officer (Elementary) Thurinjapuram Block, Thiruvannamalai District ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 4th respondent to sanction the 2 set of incentive increment to the petitioner for acquiring B.Com., B.Ed., and M.Com. Degree in the light of W.A.No. 2747 of 2023

dated 28.03.2025 to the petitioner and revise the pay and arrears of pay within a time frame to be fixed by this Court. For Petitioner(s):

Mr.P.Murali For Respondent(s):

Ms.Mythreye Chandru Special Government Pleader

ORDER

This writ petition has been filed for the following relief: "To issue a Writ of Mandamus directing the 4th respondent to sanction the two set of incentive increment to the petitioner for acquiring B.Com., B.Ed., and M.Com. Degree in the light of W.A.No.2747 of 2023 dated 28.03.2025 to the petitioner and revise the pay and arrears of pay within a time frame to be fixed by this Court."

2. In identical circumstances, this Court in W.P.No.7452 of 2026 dated 02.03.2026 has considered the very same issue involved in the present writ petition. Further, the Hon'ble Division Bench in W.A.No.2747 of 2023 dated 28.03.2025 has held as follows:

"Today the entire scheme for incentive increments has been withdrawn but the issue as to whether the said withdrawal can be prospective and it cannot operate retrospectively still lingers. We do not see the need to go into the said issue as it is not germane to the facts on hand. Here the respondent has completed M.A. (Economics) in May 2010 and B.Ed in December 2015. Therefore, she is entitled to two sets of advance incentive increments for these two higher qualifications obtained by her. The question of whether MA (Economics) would be useful to the School students or not cannot be gone into by us, as the Government, in its wisdom, had in GO.(Ms).No.324 dated 25.04.1995, consciously decided to confer the benefit of the incentive increments on all teachers who obtained higher qualifications in any subject found in the higher secondary syllabus."

3. Since the relief sought for in the present writ petition is squarely covered by the aforesaid decision, this writ petition is also allowed on the

same terms. The 4th respondent is directed to grant incentive increment to the petitioner for having obtained B.Com., B.Ed., and M.Com together with all consequential benefits and arrears. No costs. 26-03-2026 Index: Yes/No Speaking/Non-speaking order SRN To

1. The Principal secretary to Government, State of Tamil Nadu School Education Department Secretariat, Chennai 09

2. The Director of Elementary Education DPI Campus, College Road, Chennai 06

3. The District Educational officer (Elementary) Thurinjapuram Block, Thiruvannamalai District

P.T.ASHA J.

SRN 26-03-2026