P. Thangavani, v. The Director Of School Education,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA W.A(MD)No.1001 of 2022 and C.M.P(MD)No.8058 of 2022 P.Thangavani ... Appellant/Petitioner .Vs.

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

2.The Chief Educational Officer, Theni District, Theni.

3.The District Educational Officer, Uthamapalayam, Theni District.

4.Kanakku Velayee Amaravsathi Ammal Girls Higher Secondary School, represented by its Secretary, Chinnamanur,Theni District.

... Respondents/Respondents 1/5

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this Court to set aside the order passed by this Court made in W.P(MD)No.5540 of 2020, dated 05.07.2022.

For Appellant : Mr.B.Vinoth Kumar For Respondents : Mr.V.Om Prakash 1 to 3 Govt. Advocate For Respondent-4 : No appearance

JUDGMENT

DR.G.JAYACHANDRAN,J.

AND R.POORNIMA,J.

The Writ Appeal is directed against the order passed by the learned Single Judge of this Court made in W.P(MD)No.5540 of 2020, dated 5.7.2022. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The learned Single Judge of this Court, vide order, dated 05.07.2022 disposed of a batch of Writ Petitions (five in numbers) in a common order, 2/5

stating that M.Phil degree obtained by the Writ Petitioner from Vinayaga Mission University, Salem will not entitle them to get incentive increments. Out of the five Writ Petitioners, three of them, had filed intra-Court appeal and the Division Bench of this Court vide order, dated 10.07.2024, had set aside the order passed by the learned Single Judge holding that at the time when these Petitioners obtained M Phil decree, the University had the recognition of University Grants Commission and therefore, their qualification as M.Phil decree holder cannot be ignored for incentitve increment and if any recovery process inititiated, it has to be quashed and the increment given to them should continue. 4.

Since the Division Bench of this Court has taken a decision on this matter and set aside the order passed by the learned Single Judge in respect of three Writ Petitioners in W.P(MD)No.13322 of 2021, 20988 of 2021, 18000 of 2020. Following the same analogy, this Writ Appeal preferred against the order made in W.P(MD)No.5540 of 2020 stand allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

[G.J.,J.] [R.P.,J.] 03.04.2025 3/5

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Director of School Education, College Road, Nungampakkam, Chennai- 6.

2.The Chief Educational Officer, Theni District, Theni.

3.The District Educational Officer, Uthamapalayam, Theni District.

4/5

DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn JUDGMENT MADE IN W.A(MD)No.1001 of 2022 and C.M.P(MD)No.8058 of 2022 03.04.2025 5/5