The Secretary To Government v. V.Ramachandran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08/04/2024

CORAM

The Hon`ble Mr.Justice N.SESHASAYEE and The Hon`ble Mr.Justice P.VADAMALAI WA(MD). Nos.1306/2016 and 39 of 2018 and CMP(MD) Nos.9087 of 2016 and 218 of 2018 WA(MD) No.1306/2016 1.The Secretary to Government Education Department, Fort St. George, Chennai.

3.The District Educational Officer, O/o.The District Educational Office, Virudhunagar, Virudhunagar District ... Appellants Vs V.Ramachandran ... Respondent WA(MD) No.39/2018 1.The Secretary to Government Education Department, Fort St. George, Chennai.

1/5

3.The Chief Educational Officer, Tirunelveli District Tirunelveli 4.The Headmaster Government Higher Secondary School North Chezhianalloor Tirunelveli District ... Appellants Vs M.Jayaraj ... Respondent PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent against the order dated 10.08.2015 and 21.07.2016 in WP(MD) Nos. 14215 of 2015 and 12812/2016 respectively.

WA(MD) No.39/2018 For Appellants : M/s.D.Sadiq Raja Additional Government Pleader For Respondent : Mr.B.Brijesh Kumar WA(MD) No.1306/2016 For Appellants : M/s.D.Sadiq Raja Additional Government Pleader For Respondent : Mr.V.Karthikeyan 2/5

COMMON JUDGMENT (Judgment of the Court was delivered by N.SESHASAYEE, J.) The issue involves in the batch of cases is that with regard to the entitlement of the writ petitioners to claim third advance increment. This has been allowed by the learned Single Judge and they are now under challenge.

2. In the meantime, during the pendency of these appeals, a Full Bench of this Court in a batch of Writ Appeals in W.A(MD) Nos.3674 of 2019 etc., batch dated 29.04.2022 [Government of Tamil Nadu and others v. R.Subramani and others] has held that there cannot be a third incentive of advance increment. Since this authority covers this order, this Court necessarily have to allow these appeals.

3/5

3. Accordingly, the writ appeals are allowed. No costs. Consequently connected Miscellaneous Petitions are closed. (N.S.S.,J.) (P.V.M.,J.) 03.04.2024 NCC :

Yes/No Index :

Yes/No RR TO 1.The Secretary to Government Education Department, Fort St. George, Chennai.

3.The District Educational Officer, O/o.The District Educational Office, Virudhunagar, Virudhunagar District 4.The Chief Educational Officer, Tirunelveli District Tirunelveli 5.The Headmaster Government Higher Secondary School North Chezhianalloor Tirunelveli District 4/5

N.SESHASAYEE, J.

and P.VADAMALAI, J.

RR WA.(MD)Nos.

1306/2016 and 39 of 2018 08.04.2024 5/5