S. Tamilarasan v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.1816 of 2025 S.Tamilarasan ... Petitioner -vs1. 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 Financial Advisor / Principal Accounts Officer, Director of School Education, College Road, Chennai.

4. The District Educational Officer, Theni.

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

... Respondents PRAYER: 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 2nd respondent dated 22.02.2024 bearing A.Ne.Mu.No. 006560 A Ka Tha 2024 and quash the same and direct 1/6

the respondents to refund the withheld incentive increment of Rs.5,59,692/- and consequently to revise the DCRG (Death-cum-Retirement Gratuity) by paying the incentive increment continuously for the petitioner's M.Phil, Degree along with the differential earned and unearned leave salary. For Petitioner : Mr.R.Saravanan For Respondents : Mr.M.Siddharthan (R1 to R4) Additional Government Pleader Mr.D.Balamurugapandi (R5)

ORDER

This writ petition has been filed challenging the impugned order passed by the 2nd respondent dated 22.02.2024 bearing A.Ne.Mu.No. 006560 A Ka Tha 2024 with a consequential direction to the respondents to refund the withheld incentive increment of Rs.5,59,692/- and consequently to revise the DCRG (Death-cum-Retirement Gratuity) by paying the incentive increment continuously for the petitioner's M.Phil, Degree along with the differential earned and unearned leave salary.

2. According to the writ petitioner, she was appointed as 'Block Resource Teacher Educator (English)' on 17.07.2002 at Uthamapalayam and his services were also regularised. The petitioner had also completed M.Phil., 2/6

(English) in January, 2009 in the fifth respondent University. Based upon his higher qualification, an incentive increment was granted to him. He attained superannuation on 30.06.2022 itself. While so, an audit objection has been raised by the second respondent by way of the impugned order regarding the M.Phil degree obtained by the petitioner through distance education from the fifth respondent University, deeming it invalid. Hence, the petitioner submitted a consent letter stating that the incentive increment of Rs.5,59,692/- granted to him shall be withheld from his Death-cumRetirement Gratuity (DCRG).

3. The learned counsel appearing for the petitioner brought to the notice of the Court, a judgment of the Hon'ble Division Bench of this Court in a batch of writ appeals in W.A.Nos.2328 of 2018 etc. (S.Sivan vs. The Regional Accounts Officer and Others) dated 04.08.2023, wherein this Court in Paragraph No.24 had pointed out that for the period between 2007 and 2012, the University Grants Commission has granted recognition to the fifth respondent University for conducting M.Phil., courses through distance education. Based upon the said fact, the Hon'ble Division Bench of this Court allowed the writ appeals filed by the concerned Teachers and directed the authorities to confer with the incentive increment. 3/6

4. Per contra, the learned Additional Government Pleader appearing for the official respondents pointed out that under G.O.(Ms)No.91, Higher Education (K2) Department, dated 03.04.2009, a direction has been issued by the Higher Education Department that, M.Phil / Ph.D. courses should not be offered through distance education from the academic year 2007 - 2008 and they should be offered only in the regular stream. Therefore, the learned Additional Government Pleader prayed for dismissal of the Writ Petition.

5. Heard the submissions made on either side and perused the materials available on record.

6. There is no dispute that the petitioner had completed M.Phil course in the year 2009 in the fifth respondent University through distance education. The Hon'ble Division Bench of this Court in W.A.Nos.2328 of 2018 etc. batch, dated 04.08.2023 had an occasion to consider G.O(Ms)No. 91, dated 03.04.2009. In Paragraph Nos.33 and 34 of the said judgment, the Hon'ble Division Bench of this Court has held that the bar under G.O(Ms)No. 91 will apply only for the entry level post and it would not be a bar for conferment of incentive increment.

4/6

7. In view of the above said facts, the respondents are directed to refund the withheld incentive increment of Rs.5,59,692/- to the petitioner and continue to pay the incentive increment for the petitioner's M.Phil degree.

8. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

26.06.2025 NCC : Yes/No Index : Yes / No sm 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 Financial Advisor / Principal Accounts Officer, Director of School Education, College Road, Chennai.

4. The District Educational Officer, Theni.

5/6

VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.1816 of 2025 Dated:

26.06.2025 6/6