N.Dhanapackiam v. The Director Of School Education (Service Division)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-12-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP Nos.52785 and 52787 of 2025 N.Dhanapackiam Petitioner(s) Vs
1. The Director of School Education (Service Division) Directorate of School Education, DPI Campus, College Road, Chennai-600 006 2.Financial Advisor and The Principal Accounts Officer Directorate of School Education, DPI Campus, College Road, Chennai, -600 006 3.The Regional Accounts Officer (Audit) School Education Department, LLA Building 3rd Floor, Big Bazaar Street, Town Hall, Coimbatore-641 001 4.The Chief Educational Officer O/o. The Chief Educational Officer, Near South School Mohanur Road, Namakkal District, Namakkal-637 001 5.The District Educational Officer O/o. The District Educational Office, Near South School, Mohanur Road, Namakkal-637 001
6.The Headmaster Model School, Ramapuram, Mallasamudram Union, Namakkal District-637 202 Respondent(s) PRAYER Writ Petition filed under Article 226 of Constitution of India, calling for the records of the proceedings of the 3rd Respondent having Ref. No.Na.Ka.No.2588/E8/2018 dated NIL raising audit objection to the grant of incentive for the M.Phil Degree obtained by the Petitioner who worked as PG Assistant (Maths) in the Model School, Ramapuram, Mallasamudram Union, Namakkal District -637 202 and ordering recovery of the incentive granted to the Petitioner from the salary of the Petitioner from 20.07.2012 and quash the same as arbitrary and consequently direct the Respondents to pay the monetary benefits for having acquired M.Phil Degree through distance mode along with petitioner's salary.
For Petitioner(s):
M/s. C.Uma For Respondents:
Ms.Mythreye Chandru, Special Government Pleader for R1 to R6
ORDER
Ms.Mythreye Chandru, learned Special Government Pleader takes notice on behalf of the respondents 1 to 6.
2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3.This writ petition has been filed, challenging the impugned order of the third respondent raising an audit objection to the grant of incentive for the M.Phil Degree obtained by the petitioner, who worked as a PG Assistant
(Maths) in the Model School, Ramapuram, Mallasamudram Union, Namakkal District -637 202, and ordering recovery of the incentive granted to the Petitioner from his salary from 20.07.2012 and directing the respondents to pay the monetary benefits along with the petitioner's salary, as the petitioner had acquired the M.Phil Degree through distance mode. 4.The case of the petitioner is that she is a Secondary Grade Teacher, who was appointed on 18.07.2002 as BRT-SSA, Mallasamudram Block, Namakkal District. With effect from 01.10.2002, she was posted as BT Assistant (Maths) in Government Higher Secondary School, Solasiramani, Namakkal District. The petitioner completed M.
Phil degree in the year 2009 from Periyar University, Salem through distance education, after obtaining prior permission from the Headmaster, Government Higher Secondary School, Vaiyappamalai, Namakkal District, vide proceedings dated 10.04.2007. The petitioner was sanctioned an incentive for acquiring the M.Phil Degree vide proceedings dated 12.09.2103 with effect from 20.07.2012 i.e from the date of appointment as PG Teacher. Thereafter, the petitioner attained superannuation on 30.07.2024 and she was permitted to continue in service till the completion of the academic year. Her service were further extended by the 4th respondent vide proceedings dated 22.06.2024, from 01.07.2024 to till the end of the subsequent academic year. Whileso, the 2nd respondent issued proceedings dated 20.03.
to the audit report for the years 2017-2018 and 2018-2019 of the Model School, Ramapuram, Mallasamudram Union Namakkal District-637 202, seeking details pertaining to the petitioner in connection with certain audit objections. Subsequently, the petitioner was relieved from service as PG Assistant (Maths) on 31.05.2025. Thereafter, the 3rd respondent issued proceedings dated Nil addressed to the 6th respondent on the subject relating to the audit report for the years 2017-2018 and 2018-2019 of Model School, Ramapuram, Mallasamudram Union, Namakkal District. The said proceedings have not been acted upon till date and no recovery has been effected from the petitioner. Aggrieved by the audit objections, the petitioner has filed the present writ petition.
5.The learned counsel for the petitioner would submit that this Court may issue a direction to the 4th respondent to send necessary proposal to the 2nd respondent for passing appropriate orders.
6. In view of the above, this writ petition is disposed of with a direction to the 4th respondent to forward the necessary proposal to the 2nd respondent in respect of the audit objections for the years 2017-2018 and 2018-2019 relating to the Model School, Ramapuram, Mallasamudram Union, Namakkal District, within a period of two weeks from the date of receipt of a copy of this order.
Upon receipt of the same, the 2nd respondent shall consider and pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter. Consequently, connected miscellaneous petitions are closed. 10-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes uma To 1.The Director Of School Education (Service Division) Directorate Of School Education, DPI Campus, College Road, Chennai-600 006 2.Financial Advisor And The Principal Accounts Officer Directorate Of School Education, DPI Campus, College Road, Chennai, -600 006 3.The Regional Accounts Officer (Audit) School Education Department, LLA Building, 3rd Floor, Big Bazaar Street Town Hall, Coimbatore-641 001 4.The Chief Educational Officer O/o. The Chief Educational Officer, Near South School Mohanur Road, Namakkal District, Namakkal-637 001
5.The District Educational Officer O/o. The District Educational Office, Near South School, Mohanur Road, Namakkal-637 001 6.The Headmaster Model School, Ramapuram, Mallasamudram Union, Namakkal District-637 202
M.DHANDAPANI J.
uma and WMP Nos. 52785 & 52787 of 2025 10-12-2025