The Government Of Tamil Nadu v. D Arulvijay

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)Nos.17259 of 2024 & 5151 of 2025 1.The Government of Tamil Nadu, Represented by its Secretary to Government, Department of Backward Classes, Most Backward Classes and De-notified Communities and Minorities Welfare, Secretariat, Saint George Fort, Chennai - 9.

2.The Government of Tamil Nadu, Represented by its Secretary to Government, Department of Finance, Saint George Fort, Chennai.

3.The Commissioner / The Director, Most Backward and Denotified Communities Welfare Department, Ezhilagam, Chennai - 600 008.

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4.The Joint Director, Kallar Reclamation, Madurai.

... Appellants / Respondents Vs.

1.D.Arulvijay 2.A.Olipraba 3.S.Gomathi 4.K.Indhumathi 5.M.Balamurali 6.R.Jeyakrishnan 7.E.Vasantha Priya 8.M.Latha 9.C.Chandramohan 10.K.Marimuthu 11.P.Arulbabu (Died) 12.S.Ruban Nelson Kumar 13.M.Tamilselvan 14.S.Sarasu 15.R.Suresh Kumar ... Respondents / Writ Petitioners 16.P.Periyasamy 17.D.Leelavathy 18.Rani 19.A.R.Ashvita (Respondents 16 to 19 / LRs of the deceased 11th Respondent are substituted vide Court order dated 11.07.2025 made in C.M.P(MD)No.3380 of 2025 in W.A(MD)No.2467 of 2024) ... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the judgment dated 28.07.2023 in W.P(MD)No.7138 of 2023 on the file of this Court.

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For Appellants : Mr.J.Ravindran Additional Advocate General Assisted by Mr.C.Venkatesh Kumar Special Government Pleader For Respondents : Mr.G.Chandrasekar for R.1 to R.10, R.12 to R.15

JUDGMENT

(By G.R.SWAMINATHAN, J.) The State is on appeal challenging the order dated 28.07.2023 made in W.P(MD)No.7138 of 2023.

2.The writ petitioners are teaching staff working in various higher secondary schools run by Kallar reclamation. They sought incentive increment for acquiring higher qualification. The request was rejected on the ground that prior permission was not obtained before obtaining higher qualification. Challenging the stand of the department, the aforesaid writ petition was filed and the same was allowed.

3.The issue raised in this Writ Appeal is no longer res integra. It has been consistently held that obtaining prior permission is not necessary. Our attention is drawn to the decision of the Hon'ble Division Bench of this Court 3/5

in the Joint Director of School Education Vs. S.Vasugi in W.A(MD)No.1124 of 2023 dated 24.07.2023 where after referring to the earlier judgments in Tamil Rajan Vs. The State of Tamil Nadu, Represented by its Secretary Department of School Education, Chennai - 9 in W.P(MD)No.4019 of 2018 it was held that no prior permission is required for obtaining higher qualification. 4.The learned Single Judge passed the order in line with the aforesaid Division Bench decision. Eight more weeks is granted to comply with the order of the learned Single Judge. There is no merit in this Writ Appeal. 5.This Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [K.R.S., J.] 28.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA 4/5

G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

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