JUDGMENT :

(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 relating to the impugned order passed by the 4th respondent signed on 12.07.2019 and to quash the same and consequently, direct the respondents to remit back the amount which was already recovered from the petitioner's salary.)

1. The petitioners before this Court are working as BT and PG Assistants and they have acquired M.Phil degree from Vinayaka Mission University. For this additional qualification of M.Phil degree, they submitted applications for grant of incentive increment and the same was also granted. While so, the Audit Department has raised an objection with regard to the grant of such incentive increments on the ground that the M.Phil degree obtained by the petitioners is not valid. Based on this objection, the Department has also initiated steps to stop the incentive increments and to recover the amount already paid. Aggrieved by such action, the petitioners have filed these writ petitions.

2. Learned Counsel appearing for the petitioners submitted that Vinayaga Mission University is a Deemed to be University under Section 3 of the University Grants Commission Act, 1956 and the Degree / Diploma awarded by the University is recognized by the Government for the purpose of employment. The Government of Tamil Nadu, vide G.O.Ms.No.91, Higher Education Department, dated 03.04.2009, declared that M.Phil and Ph.D degrees obtained through correspondence / distance education / open university system are ineligible for government appointment and appointment as Lectures in Colleges, Universities, including self-financing colleges. Thereafter, the Government, vide G.O.Ms.No.39, Personnel and Administrative Reforms Department, dated 30.04.2014, amended this provision.

3. Learned Counsel appearing for the petitioners further submitted that the Registrar of Madras University, after this amendment, sent a letter dated 27.10.2010 to all the Principals of Arts and Science Colleges affiliated to University of Madras that M.Phil degree obtained by the candidates through correspondence / distance education / open university system prior to 03.04.2009 will be considered as eligible for employment and the M.Phil degree obtained through correspondence / distance education / open university system after 03.04.2009 will not be considered. Though the petitioners have obtained M.Phil degree before the cut-off date, without verifying the same, the impugned audit report came to be passed, followed by which, steps are being taken to stop the incentive increments and to recover the increments which were already granted.

4. Learned Additional Government Pleader appearing for the official respondents submitted that the grant of incentive increment is a concession granted to the teaching staff in the Department of School Education and in order to encourage the morale of the Teachers, it is being granted for the acquisition of higher educational qualifications. The said concession is not a part and parcel of the regular scale of pay and pay rules. Such concession is applicable only to the teaching staff of Education Department and not for any other staff working in other departments of the State Government. Such being the special nature of concession provided, especially to encourage the Teachers to acquire the higher qualification, the same is to be regulated strictly in accordance with the terms and conditions of the orders in force.

5. He further submitted that the Hon'ble Supreme Court has, time and again, reiterated that for securing public employment and for grant of concessions by the State Government, the degrees possessed by the candidates must be a valid one. The Government of Tamil Nadu has prohibited the Universities from offering M.Phil course through distance education from the Academic Year 2007-08, as on 29.08.2006. In this regard, the Government has passed G.O.Ms.No.9