Sugendran S v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.1343 of 2024 S.Sugendran

...Petitioner

Vs 1.The Government of Tamil Nadu, Rep by Secretary to Government, School Education Department, Fort St.George, Chennai - 09.

2.The Director of School Education, College Road, Chennai - 6.

3.The Finance Advisor / Principal Accounts Officer, Director of School Education, College Road, Chennai.

4.The Chief Educational Officer, Theni.

5.The Assistant Controller of Examinations, Vinayaka Missions University, Salem.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the fourth 1/5

respondent dated 02.11.2023 bearing O.Mu.No.5310/Aha.1/2023 and quash the same and direct the respondents to refund the paid incentive increment of Rs.5,49,561/- and not to recover the incentive increment from the month of February 2024 to June 2024 and consequently to pay the incentive increment continuously for the petitioner's M.Phil. Degree. For Petitioner : Mr.R.Saravanan For R1 to R4 : Mr.N.Satheesh Kumar Additional Government Pleader For R5 : No Appearance

O R D E R

This writ petition has been filed challenging the impugned order passed by the fourth respondent dated 02.11.2023 and for a consequential direction to the respondents to refund the paid incentive increment of Rs.5,49,561/- and not to recover the incentive increment from the month of February 2024 to June 2024 and consequently to pay the incentive increment continuously for the petitioner's M.Phil. Degree.

2. The issue involved in this writ petition is squarely covered by the decision of the Division Bench of this Court made in W.A.(MD)No. 686 of 2024 dated 16.04.2024, which has also been affirmed by the 2/5

Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No.34679 of 2024.

3. In view of the same, this Court finds no impediment in allowing the writ petition as prayed for. As a consequence, the impugned order is quashed and the petitioner is entitled for incentive increment based upon the degree granted by the fifth respondent University. The increments granted in favour of the petitioner shall be paid to the petitioner in accordance with law. Such payment shall be made within a period of 8 weeks from the date of receipt of a copy of this order.

4. Accordingly, this Writ Petition stands allowed. No costs. 10.09.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn 3/5

To:

1.The Secretary to Government, School Education Department, Fort St.George, Chennai - 09.

2.The Director of School Education, College Road, Chennai - 6.

3.The Finance Advisor / Principal Accounts Officer, Director of School Education, College Road, Chennai.

4.The Chief Educational Officer, Theni.

5.The Assistant Controller of Examinations, Vinayaka Missions University, Salem.

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K.KUMARESH BABU , J.

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