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2025 Supreme(Online)(Mad) 55681
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 20.08.2025, 25.08.2025 & 28.08.2025 PRONOUNCED ON : 29.08.2025 CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.14816, 17225, 17226, 17227, 17230, 17231, 17232, 17236, 17237, 17233, 17234, 17235, 17228, 17229, 17408, 17498, 17499, 17500, 17551, 17552, 17617, 17625, 17618, 17619, 17620, 17621, 17622, 17623, 17624, 17880, 17923, 17924, 17925, 17926, 17927, 17936, 17937, 18041, 18042, 18043, 18044, 18045, 18046, 18047, 18048, 18049, 18050, 18060, 18061, 18200, 18209, 18378, 18451, 18452, 18477, 18479, 18478, 18623, 18698, 18769, 18786, 18787, 18788, 18789, 18790, 18791, 18792, 18793, 18794, 18795, 18796, 18841, 18988, 19020, 19021, 19022, 19023, 19100, 19220, 19221, 19222, 19223, 19224, 19225, 19226, 19267, 19270, 19268, 19269, 19341, 19342, 19358, 19359, 19360, 19525, 19526, 19527, 19528, 19529, 19530, 19531, 19750, 19751, 19758, 19759, 19784, 19979, 20057, 20247, 20248, 20692, 21791, 21792, 21793, 21794, 21795, 21796, 22007, 22220, 22612, 22749 & 23329 of 2025 and All connected miscellaneous petitions W.P.(MD)No.14816 of 2025:
1.R.Kavitha
2.The Hameethia Middle School, Rep. by its Correspondent, Mr.P.Mohamed Rabeek, Periyakulam, Theni District. ...Petitioners Vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai – 600 009.
2.The Director of Elementary Education, O/o. The Director of Elementary Education, College Road, Chennai – 6.
3.The District Elementary Educational Officer, O/o. The District Elementary Educational Office, Theni, Theni District.
4.The Block Educational Officer, O/o.The Block Educational Office, Periyakulam, Theni District. ...Respondents P RAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned order of the 2nd respondent Na.Ka.No.028490/E1/2024 dated 19.05.2025 and the consequential impugned order issued by the 4th respondent in his proceedings in Na.Ka.No.733/A2/2025 dated
22.05.2025 and quash the same as illegal.
In W.P.(MD)Nos.22220, 14816, 17225 to 17237, 17551, 17552, 17617 to 17625, 17636, 17937, 18060, 18451, 18452, 18477 to 18479, 19220 to 19226, 19758, 19759, 19784 & 23329 of 2025:
For Petitioners : Mr.H.Mohammed Imran for M/s.Ajmal Associates In W.P.(MD)No.22612 of 2025:
For Petitioner : Mr.J.Jeyakumaran In W.P.(MD)Nos.22749, 19750 & 19751 of 2025:
For Petitioners : Mr.T.Pon Ramkumar In W.P.(MD)No.17498 to 17500, 17923 to 17927, 18061 & 19100 of 2025:
For Petitioners : Mr.T.Aswin Raja Simman In W.P.(MD)No.17880 of 2025:
For Petitioner : Mr.S.Louis In W.P.(MD)Nos.18041 to 18050, 18786 to 18796, 19020 to 19023, 19358 to 19360, 19525 to 19531, 21791 to 21796 of 2025:
For Petitioners : Mr.T.Lajapathi Roy Senior Counsel for M/s.Roy and Roy Associates In W.P.(MD)No.18200 of 2025:
For Petitioner : Mr.P.Gunasekaran In W.P.(MD)No.18209 of 2025:
For Petitioner : Mr.P.M.Vishnuvartthanan In W.P.(MD)No.18378 of 2025:
For Petitioner : Mr.K.Muthu Ganesa Pandian In W.P.(MD)No.18623 of 2025:
For Petitioner : Mr.J.Anandkumar In W.P.(MD)No.18698 of 2025:
For Petitioner : Mrs.H.Jasima Yasmin for M/s.Ajmal Associates In W.P.(MD)No.18769 of 2025:
For Petitioner : Mr.M.Kannan In W.P.(MD)No.18841 of 2025:
For Petitioner : Mr.D.Rameshkumar In W.P.(MD)No.18988 of 2025:
For Petitioner : Mr.K.Vamanan In W.P.(MD)Nos.19341 & 19342 of 2025:
For Petitioner : Mr.V.Panneer Selvam In W.P.(MD)No.19979 of 2025:
For Petitioner : Mr.A.Arun Prasad In W.P.(MD)No.22007 of 2025: For Petitioner : Mr.D.Saravanan In all Writ Petitions:
For Respondents : Mr.R.Baskaran, Additional Advocate General Assisted by Mr.M.Siddarthan, Additional Government Pleader
Incentive increments must correlate with the curriculum taught; qualifications irrelevant to the syllabus do not warrant additional benefits.
Headnote:(A) Constitution of India - Articles 14 and 16 - Incentive increments for acquiring higher qualifications - The petitioners, teachers, challenge the cancellation of incentive increments granted based on G.O.Ms.No.324 and G.O.Ms.No.624 for acquiring higher qualifications - The court held that the higher qualifications held by petitioners were not relevant for subjects taught in classes 6 to 8 and hence not eligible for incentive increments, which aim to benefit students directly. (Paras 8, 20-30)
(B) Right to Education - The court underscored the principle that the allocation of benefits like incentive increments must align with the objective of enhancing teaching standards for those subjects directly relevant to the curriculum.
Facts of the case:
The petitioners, holding roles such as Secondary Grade Teachers and B.T. Assistants, had received incentive increments for obtaining higher qualifications in areas not aligned with the teaching subjects required for their positions. The government later challenged the legitimacy of these increments, leading to recovery orders.
Findings of Court:
The court determined that while the cancellation of increments was justified, the associated recoveries of previously paid amounts were not permissible as they occurred without wrongdoing by the petitioners. Further, prospective measures regarding any new cancellations were affirmed but by clarified that past payments should remain intact.
Issues: The core issue encompassed whether the incentive increments could be revoked post-grant in light of the qualifications acquired by teachers; to consider if these implications were in contravention of constitutional rights.
Ratio Decidendi: The court established that incentive increments are governed by specific government orders, with an emphasis on the subjects directly relevant to the teaching curriculum for classes 6 to 8. The retrospective recovery orders were ruled unsustainable; retrospective actions without error are contrary to equity.
Result: The petitions are both sustained regarding cancellation of future increments, with restoration of prior payments.
COMMON ORDER
The Writ Petitions, which were listed on different dates, were heard separately, but as the issue involved in all the Writ Petitions being common, relating to grant of incentive increments, they are being dealt with by this common order.
2.These Writ Petitions have been filed challenging the impugned order passed by the second respondent vide proceedings in Na.Ka.No. 028490/E1/2024 dated 17.06.2025 and the consequential orders of re- fixation of pay and recovery of the excess pay from the petitioners from the date of sanction.
3.In short, all these Writ Petitions assail the cancellation of the incentive increments granted by the Government for acquiring higher qualification and ordering recovery of the amount already disbursed.
4.Since the issues arising in these Writ Petitions are one and the same, all these Writ Petitions were heard together and are being disposed of by this common order.
5.The case of the petitioners is that the petitioners are either holding the posts of Secondary Grade Teachers, B.T. Assistants, Elementary School Headmaster and Middle School Headmasters under the respondent Department. While these petitioners were working as Secondary Grade Teachers and other posts as stated above, taking classes for 6th to 8th standard, they acquired higher educational qualification in M.A. (Economics), M.A.(History), M.com, M.A.(Political Science), M.A.(Sociology) and M.C.A. For the aforesaid higher qualification acquired, the Government granted incentive increments in terms of G.O.Ms.No.624, Education (E-2) Department dated 13.07.1992 and G.O.Ms.No.324, Education, Science & Technology Department (E2) dated 25.04.1995 and the petitioners are the recipient of the said incentive increments.
6.While that being so, the second respondent vide the impugned proceedings dated 17.06.2025, directed the respective educational authorities to cancel the incentive increments granted to the teachers who have acquired higher educational qualification in the subjects other than the permitted subjects. The said order of the second respondent was followed by the consequential impugned orders of revision of pay on the ground that the incentive increments have been granted incorrectly in respect of the subjects which are not relevant to the higher secondary subjects and thereafter, orders of recovery also came to be passed. Challenging the above impugned orders, the present Writ Petitions have been filed.
7.Learned Counsel for the petitioners submitted that the incentive increments were sanctioned to the petitioners for having acquired higher qualification based on G.O.Ms.No.324, Education, Science & Technology Department (E2) dated 25.04.1995. However, the cancellation orders are solely based on a previous order of this Court in W.P.(MD)No.22704 of 2018, in which this Court has held that the incentive increments are only allowed for higher qualifications in the subjects Tamil, English, Mathematics, Science, and Social Science and that subjects like Commerce and Economics are not taught in classes 1 to 8 and, therefore, would not be eligible for grant of incentive increments. Learned Counsel for the petitioners further submit that the said reasoning is incorrect, as Economics is taught as part of Social Science in classes 6 to 8 (Middle School), thereby, making the higher qualifications relevant and eligible for increments.
8.It is further submitted that the petitioners are vested with a right to these increments, safeguarded by settled legal principles. The retrospective withdrawal of these increments violates Articles 14 and 16 of the Constitution of India, as held by the Apex Court in The Punjab State Cooperative Agricultural Development Bank Ltd., Vs. The Registrar, Cooperative Societies & Others (2022 Live Law (SC) 42), wherein at paragraph No.47 the Apex Court has held as under :-
“47.The exposition of the legal principles culled out is that an amendment having retrospective operation which has the effect of taking away the benefi
