R. Manoharan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.10.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA R.Manoharan
...Petitioner
Vs.
1.
The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2.
The Director of School Education, College Road, Chennai - 600 006.
3.
The Chief Educational Officer, Coimbatore District Education Office, Raja Veedhi, Coimbatore - 641 001.
4.
The District Educational Officer, Coimbatore District, Coimbatore - 641 001.
5.
The Principal, C.S.I. Boys Higher Secondary School, Coimbatore.
...Respondents
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Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay two incentive increments and cash benefits for completing two higher education degree i.e. M.A. (Political Science) during 1983 and M.Ed. during 2000, by considering the petitioner's representation dated 07.08.2025 within a time period to be fixed by this Hon'ble Court.
For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.S.Prabhakaran, GA
ORDER
This writ petition has been filed seeking a Mandamus to direct the respondents to pay two incentive increments and cash benefits to the petitioner for completing two higher education degrees i.e. M.A. (Political Science) during the year 1983 and M.Ed. during the year 2000, by considering his representation dated 07.08.2025.
2. Mr.S.Prabhakaran, learned Government Advocate takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.
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3. The case of the petitioner is that he was appointed as a Secondary Grade Assistant in the 5th respondent School on 01.09.1989 and he subsequently, retired from service on 30.09.2014 and served in the very same post till 31.05.2015, on extension. Though the petitioner completed two higher education degrees i.e. M.A. (Political Science) during the year 1983 and M.Ed. during the year 2000, he was not paid with any incentive and the same is contrary to the Government orders, which prescribe the grant of incentive for the higher qualifications obtained. Thereby, the petitioner approached this Court by way of filing a writ petition in W.P.No.
28666 of 2015 seeking grant of incentive with effect from the date of acquiring the additional qualifications along with all consequential monetary and service benefits and also to pay the revised pensionary benefits and pension and this Court, vide order dated 11.09.2015, directed the respondents to pass orders on the petitioner's representation dated 14.08.2015, in the light of G.O.(2D).No.15, School Education (J) Department dated 28.03.2013 and various other orders passed by this Court. Aggrieved by the same, a writ appeal has been filed in W.A.No.2032 of 2018 and an Hon'ble Division Bench of this Court, vider order dated 10.10.
holding that the petitioner is entitled only to two incentive increments, by following the findings of an Hon'ble Full Bench of this Court dated 29.04.2022. Pursuant to the above orders of this Court, the petitioner made a representation dated 08.12.2022 before the 4th respondent seeking grant of two incentive increments, pursuant to which, the 4th respondent, vide proceedings dated 15.11.2023, directed the petitioner to send the representation to the 5th respondent and thereby, the petitioner sent the said representation dated 08.12.2022 to the 5th respondent and also submitted the necessary documents at the 4th respondent's office, who in turn, sent a proposal to the 3rd respondent, during December 2023. However, as no action has been taken by any of the respondents, the petitioner submitted a representation dated 18.08.
2024 before the respondents 3 to 5 seeking to take necessary steps on the proposal sent by the 4th respondent. Pursuant to the same, the 3rd respondent, vide proceedings dated 11.03.2025 directed the 4th respondent to take necessary action on the petitioner's representation seeking sanction of two incentive pay, as per G.O.Ms.No.95 Human Resources Management (FR-IV) dated 26.10.2023. In the mean time, on 02.08.
W.P.(MD).No.27556 of 2023 and others, held that the teachers who have acquired higher education qualification before 10.03.2020 and whose application for grant of incentive in the scale of pay are pending, are entitled to sanction of eligible incentive increments. Therefore, the petitioner made a representation dated 07.08.2025 before the respondents 3 to 5, seeking to approve and disburse two incentive increments and cash benefits in his favour. However, as the same evoked no response, the petitioner has come up with this writ petition.
4. Learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondents to pay two incentive increments and cash benefits to the petitioner for completing two higher education degrees i.e. M.A. (Political Science) during the year 1983 and M.Ed. during the year 2000, by considering his representation dated 07.08.2025, as expeditiously as possible.
5. Learned Government Advocate appearing on behalf of the respondents submits that appropriate orders will be passed on the petitioner's 5/8
representation dated 07.08.2025 within the time stipulated by this Court.
6. In view of the above, this Court, without going into the merits of the case, directs the 3rd respondent to consider the petitioner's representation dated 07.08.2025 and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
7. With the above directions, this writ petition stands disposed of. No costs.
14.10.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 6/8
To:
1.
The Principal Secretary to Government, State of Tamil Nadu, Education Department, Secretariat, Fort St. George, Chennai - 600 009.
2.
The Director of School Education, College Road, Chennai - 600 006.
3.
The Chief Educational Officer, Coimbatore District Education Office, Raja Veedhi, Coimbatore - 641 001.
4.
The District Educational Officer, Coimbatore District, Coimbatore - 641 001.
5.
The Principal, C.S.I. Boys Higher Secondary School, Coimbatore.
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A.D.JAGADISH CHANDIRA, J.
skt 14.10.2025 8/8