Manoj J v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.24362 of 2022 and WMP(MD) Nos.18465, 18466, 18467 of 2022 J.Manoj ... Petitioner Vs 1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The Headmaster/Headmistress, Girls Higher Secondary School, Puliyangudi, Tenkasi District.

3.The Regional Accounts Officer (Audit), School Education Department, Madurai Region, Madurai.

...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 pertaining to the impugned order audit report, passed by the third respondent vide Na.Ka.No.1398/A5/2022, dated 1/5

04.05.2022 and consequential impugned memo issued by the second respondent vide Na.Ka.No.115/2022, dated 31.05.2022 and quash the same, as null and void and against law and thereby direct the 2nd respondent not to cancel the incentive increment already permitted to the petitioner from May 2017 and not to recover the already paid the amount as incentive increment to the petitioner. For Petitioner : Mr.F.X.Eugene For Respondents : Mr.K.Balasubramani Special Government Pleader

O R D E R

The petitioner is a P.E.T Teacher, working in Government Girls Higher Secondary School in Puliyangudi. According to the petitioner, his original appointment was with the qualification of C.P.Ed. Subsequently, the petitioner has passed P.G.Diploma in Yoga, for which, he got second incentive increment from May 2011. The petitioner has approached this Court challenging the communication of the Head Master, Government Higher Secondary School, Melayakudi, dated 04.05.2022, in and by which, the petitioner was directed to remit back the amount, which he has received as second incentive increment 2/5

as per G.O.Ms.No.177, School Education Department, dated 13.10.2016. This communication has been made based on the objections raised by the Regional Accounts Officer (Audit), School Education Department.

2.Today(17.12.2024), when this writ petition is taken up for hearing, the learned counsel on either side submit that the audit objection has been recalled by the Government as against this petitioner and therefore, nothing survives in this writ petition. 3.Recording the submission made by the learned Special Government Pleader, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed. 17.12.2024 NCC:Yes/No Index:Yes vrn 3/5

To 1.The Chief Educational Officer, Ramanathapuram District, Ramanathapuram.

2.The Regional Accounts Officer (Audit), School Education Department, Madurai Region, Madurai.

3.The Headmaster/Headmistress, Government Higher Secondary School, Melayakudi, Ramanathapuram District.

4.The Headmaster/Headmistress, Girls Higher Secondary School, Puliyangudi, Tenkasi District.

4/5

B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.24362 of 2022 and WMP(MD) Nos.18465, 18466, 18467 of 2022 17.12.2024 (2/2) 5/5