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Madras High CourtWP/29885/2018disposed of

C.Raman v. The Secretary To Government

2025-04-08Honourable Ms Justice R.N.Manjula7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA WP No. 29885 of 2018 AND WMP NO. 9206 OF 2019, WMP NO. 34892 OF 2018 & WMP NO. 34894 OF 2018

1. C.Raman S/o.M.Chinna Thevar, No.127, 7th Cross Street, Sakthivel Nagar, Peravallur, Chennai-82. Chennai Petitioner(s) Vs

1. The Secretary to Government School Education Department, Fort St.

George, Chennai- 600 009.t Chennai 2.The Director of School Eduction DPI Buildings, College Road, Chennai600 008.

3.The Chief Educational Officer, At Presidency Girls Higher Secondary School Egmore, Chennai - 600 008.

4.The District Education Officer Chennai South District, Egmore, Chennai - 600 008.

5.The Secretary / Correspondent The Chintadripet Higher Secondary School, Chintadripet, Chennai - 600 002.

Respondent(s) PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the order dated 09.10.2018 passed by the 5th respondent herein and quash the same as being illegal, arbitrary, unconstitutional and consequently direct respondents nos.2 to 5 to disburse the petitioner's salary along with incentive increment for completion of higher qualification without any recovery of the incentive increment paid to the petitioner.

For Petitioner(s):

M/s.T.sundaravadanam For Respondent(s):

Mrs.P.Rajarajeswari Government Advocate

ORDER

This Writ Petition has been filed to call for the records relating to the order dated 09.10.2018 passed by the 5th respondent herein and quash the same as being illegal, arbitrary, unconstitutional and consequently direct respondents nos.2 to 5 to disburse the petitioner's salary along with incentive increment for completion of higher qualification without any recovery of the incentive increment paid to the petitioner.

2. The petitioner was appointed as a Physical Director Grade II on 06.06.1996. He has secured M.Phil degree in the year 2008. The first respondent vide his order dated 13.10.2016, has allowed an second incentive increment for the higher qualification to the petitioner. In view of the audit objection raised by the fifth respondent on 09.10.2018 the incentives already allowed to the petitioner has been cancelled with a demand to refund the incentive increment so far availed by the petitioner.

3. Mr.T.Sundaravadanam, the learned counsel for the petitioner, submitted that as per G.O.Ms.177, School Education Department, dated 13.10.2016 the petitioner is entitled to an incentive increment from the date of acquiring the qualification and not from the date of issuance of the Government Order. In the impugned order it has been stated that the incentive has to be given only from the date of issuance of the Government Order and not from the date of acquiring the qualification. The learned counsel for the petitioner submitted that as per G.O.Ms.177, School Education Department, dated 13.10.2016, persons who are already getting one increment in view of the higher qualification is entitled to get an another incentive increment from the date of the Government Order.

It is further submitted that the respondent has misconstrued the said Government Order in view of the audit objection raised by presuming that the Government order is applicable from the date of issuance of the order and issued an order to refund one increment alone prior to the issuance of G.O.Ms.177, School Education Department, dated 13.10.2016.

4. The petitioner is found to be qualified to get first increment as per the orders issued in G.O.Ms.No.324 Education, Science & Technology Dept., dated 20.12.1993. The entitlement of additional one increment alone has to be sanctioned from the date of issuance of G.O.Ms.177, School Education Department, dated 13.10.2016 and it cannot be presumed that the petitioner is entitled even to the first increment from the date of issuance of the said Government Order. In this regard it is appropriate to refer the earlier judgment rendered by this Court in similar such case in W.P.(MD) No.14861/2018 dated 02.02.2023. In the said judgment it has been held as under: " 7. The learned Government Advocate appearing for the respondent submitted that in G.O.Ms.177, School Education Department, dated 13.10.

2016, it has been categorically stated that the employees would be getting a second incentive increment from the date of the issuance of the G.O.Ms.No.177, School Education, dated 13.10.2016. However, the learned counsel for the petitioner submitted that it says that the second incentive increment would be eligible from the date of issuance of order and not for the first incentive increment, since the petitioner is claiming the first incentive increment for M.Phil., degree, the said G.O. Is not applicable and only G.O.Ms.No.324. Dated 25.04.1995 is applicable. Therefore, this Court is of the considered opinion that the petitioner is eligible as per G.O.Ms.No.324 dated 25.04.1995."

5. The respondent has raised similar objection by filing a Writ Appeal in W.A.No.2084/2024. In the said judgment the Division Bench has held that the

petitioners who have already availed the benefit of G.O.Ms.No.324 dated 25.04.1995 cannot be asked to refund the same by wrongly construing the contents of the subsequent G.O.Ms.177, School Education Department, dated 13.10.2016 and the writ appeal has been dismissed.

6. In view of the above findings already rendered and has been followed in so many cases of similarly placed persons, I feel the impugned recovery order issued by the fifth respondent is illegal and the impugned order is liable to be quashed.

7. In the result, the Writ Petition is allowed and the impugned order passed by the fifth respondent dated 09.10.2018 is hereby quashed and the respondents Nos.2 to 5 are directed to disburse the petitioner's salary along with incentive increment for completion of higher qualification without any recovery of the incentive increment paid to the petitioner. 08-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn

To 1.The Secretary to Government School Education Department, Fort St.

George, Chennai- 600 009.t Chennai 2.The Director of School Eduction DPI Buildings, College Road, Chennai600 008.

3.The Chief Educational Officer, At Presidency Girls Higher Secondary School Egmore, Chennai - 600 008.

4.The District Education Officer Chennai South District, Egmore, Chennai - 600 008.

5.The Secretary / Correspondent The Chintadripet Higher Secondary School, Chintadripet, Chennai - 600 002.

R.N.MANJULA J.

bkn WP NO. 29885 OF 2018 08-04-2025