K.Babu v. The Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA K. Babu ... Petitioner vs.

1. The Director of School Education, Chennai-600 006.

2. The District Educational Officer Virudhachalam.

3. The Regional Accounts Officer (Audit) School Education Department, Coimbatore-641 001.

4. The Head Master Government High School, Vadakarai, Konur Post, Tittakudi Taluk, Cuddalore District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the 4th respondent to restore the incentive increment sanctioned to the petitioner with effect from 24.08.2008, in the light of the order made in writ appeal No.2328/2018 etc., dated 04.08.2023 by considering the representation of the petitioner dated 06.08.2025. 1/5

For petitioner : Mr.T. Sellapandian For respondents : Mrs.S. Mythreye Chandru Spl. Govt. Pleader (Education) - - - - - -

ORDER

Mrs. S. Mythreye Chandru, learned Special Government Pleader (Education) takes notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The relief sought in this writ petition is a direction to the 4th respondent to restore the incentive increment sanctioned to the petitioner with effect from 24.08.2008, in the light of the order dated 04.08.2023 passed by an Hon'ble Division Bench of this Court in W.A. No.2328 of 2018 by considering the petitioner's representation dated 06.08.2025.

3. It is stated that the petitioner was appointed as B.T. Assistant (Mathematics) on 12.09.2005. He acquired higher qualifications of M.Sc. (Mathematics) in the year 2007 from Alagappa University and M.Phil. (Mathematics) in the year 2008. Based on the acquisition of the said higher qualifications, incentive increments were sanctioned to the petitioner with effect from the last date of examination, i.e., 24.08.2008. However, subsequently, 2/5

based on the audit objections, the incentive increments earlier sanctioned were cancelled by the 4th respondent.

4. Learned counsel for the petitioner would submit that the issue involved in the present writ petition is squarely covered by the decision dated 04.08.2023 of the Hon'ble Division Bench of this Court in W.A. No.2328 of 2018. Hence, he would contend that the petitioner is entitled to the same benefit as extended therein. In the light of the above, he prayed for issuance of appropriate directions in this regard.

5. Acceding to the aforesaid submission, learned Special Government Pleader appearing for the respondents would submit that the 2nd respondent is the competent authority to consider the petitioner's representation dated 06.08.2025 and, therefore, prays that suitable directions may be issued to the said authority to consider the same within a time frame.

6. In view of the fair submission made by the learned Special Government Pleader, this Court, without going into the merits of the case, directs the 4th respondent to forward the petitioner's representation dated 06.08.2025 to the 2nd respondent, within a period of two weeks from the date of receipt of a copy of this order. On such receipt, the 2nd respondent shall 3/5

consider the same on its own merits and pass appropriate orders in accordance with law and in the light of the directions issued by the Hon'ble Division Bench of this Court vide order dated 04.08.2023 in W.A. No.2328 of 2018, within a period of eight weeks.

7. With the above directions, this writ petition stands disposed of. No costs.

26.09.2025 Index:Yes/No Speaking/Non-speaking order vsi2 To

1. The Director of School Education, Chennai-600 006

2. The District Educational Officer Virudhachalam

3. The Regional Accounts Officer (Audit) School Education Department, Coimbatore-641 001 A.D. JAGADISH CHANDIRA, J.

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4. The Head Master Government High School, Vadakarai, Konur Post, Tittakudi Taluk, Cuddalore District 26.09.2025 5/5