A.Sundari, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.No.27167 and 27182 of 2024

1. A.Sundari

2. P.Gnanamutumalathi

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 1/9

26. N.Kalavani

27. P.Pushpha

28. P.Rajalakshmi

29. S.Venkatachalam

30. M.Sudha

31. C.Maheswari

32. R.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.Varadharaju

43. P.Reukadevi

44. V.Amudhavalli

45. S.Kumaran

46. S.Menaga

47. P.Kasi

48. G.Vendamani

49. M.Shakila

50. A.Sakthivel ... Appellants in W.A.No.3491 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 2/9

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.Renuka 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 ... Appellants in W.A.No.3496 of 2024 3/9

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

2. The State of Tamil Nadu, Represented by its Secretary to Government, Personnel and Administrative Reforms Department, Fort St.George, Chennai - 600 009.

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, School Education Department, DPI Complex, College Rod, Chennai - 600 006.

... Respondents in both W.As COMMON PRAYER : Appeals filed under Clause 15 of Letters Patent, to set aside the order in W.P.Nos.6252 and 6253 of 2024 dated 11.03.2024 and allow the above writ appeals.

For Appellants :

Mrs.Nalini Chidambaram in both W.As Senior Counsel for Mrs.C.Uma For Respondents :

Mr.U.M.Ravichandran in both W.As Special Government Pleader 4/9

C O M M O N J U D G M E N T (Judgment of the Court was delivered by R.SURESH KUMAR, J.) These intra Court appeals have been directed against the order passed by the writ Court dated 11.03.2024 in W.P.Nos.6252 and 6253 of 2024.

2. The question that was posed before the learned Judge is as to whether the writ petitioners since have acquired additional qualification, would be entitled to get the additional incentive increment or not in view of G.O.(Ms)No.37, Personnel and Administrative Reforms (FR-VI) Department dated 10.03.2020.

3. The issue of fixing a cut-off date under the Government Order making them dis-entitled to get the advance incentive increment for those who acquired the additional qualification had engaged the Division Bench of this Court at Madurai Bench in W.A.(MD)No.975 of 2024, where a judgment has been passed by the Division Bench of this Court at Madurai Bench (where one of us is party) on 12.06.2024, where the issue has been decided that those who completed the degree prior to the date of the Government Order would be entitled to get the advance incentive increment. Following the same, yet another 5/9

Division Bench judgment had come, of course, from the same Division Bench, (where one of us is party) in W.A.(MD)No.1052 of 2024 dated 21.06.2024.

4. Therefore, the issue now raised has been given quietus by the said Division Bench judgments of this Court at Madurai Bench, however, prior to the said judgments, since impugned order has been passed by the writ Court on 11.03.2024, the learned Judge of the writ Court, following an earlier order passed in W.P.No.1605 of 2023 etc., batch dated 29.01.2024, had dismissed these two writ petitions, namely, W.P.Nos.6252 and 6253 of 2024 by the impugned order dated 11.03.2024.

5. In view of the law having been declared by this Court, though it is submitted by the learned Special Government Pleader that, as against the judgments passed by the Division Bench at Madurai, there has been review filed which is pending, we are not impressed with the said submission made by the learned Special Government Pleader for the simple reason that, merely because a review has been filed by the State against the judgment passed by the Division Bench which has been followed in another Division Bench judgment, the settled legal position cannot be said to be an infirm one and not capable of being followed by the writ Court or the co-equal benches. 6/9

6. Since that kind of proposition could not be accepted by this Court, we are inclined to follow the Division Bench judgment made in W.A.(MD)No.975 of 2024 dated 12.06.2024 followed by the Division Bench judgement in W.A.(MD)No.1052 of 2024 dated 21.06.2024.

7. Therefore, the order which is impugned herein would not stand in the legal scrutiny, hence, it is liable to be set aside, accordingly, it is set aside. Resultantly, these Writ Appeals are ordered. However there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (R.S.K., J.) (C.S.N., J.) 03.12.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 7/9

To

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

2. The Secretary to Government, State of Tamil Nadu, Personnel and Administrative Reforms Department, Fort St.George, Chennai - 600 009.

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, School Education Department, DPI Complex, College Rod, Chennai - 600 006.

8/9

R.SURESH KUMAR, J.

and C.SARAVANAN, J.

vji and C.M.P.No.27167 and 27182 of 2024 03.12.2024 9/9