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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
J.Queen – Appellant
Versus
The District Educational Officer Bathalakundu Dindugal District – Respondent


Advocates:
For the Appellants/Petitioners: Mr.V.Panneer Selvam
For the Respondents: Mr.S.Shaji Bino, Mr.S.Manohar

O R D E R

This writ petition has been filed challenging the impugned order dated 10.03.2022, passed by the second respondent, to recover the payments made to the petitioner towards incentive increment in the year 2016.

2. The petitioner claims that only in accordance with her entitlement on account of acquiring B.Ed. qualification, she was granted incentive increment as per the Government Order in the year 2016. She also claims that the impugned recovery order has been passed contrary to the decision rendered by the Honourable Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) and others, reported in (2015) 4 SCC 334

3. Counter affidavit has also been filed by the respondents 1 & 2 reiterating the contents of the impugned order and they would submit that only due to the fact that incentive increment was paid to the petitioner wrongly, they had to recover the same from the petitioner.

4. The law is now well settled by the decision rendered by the Honourable Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) and others, reported in (2015) 4 SCC 334 wherein, it has been held that recovery from the employees, when t

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