IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-11-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

and

WMP Nos.46613 and 46616 of 2025

1. R.Arul Kennedy Raj

Petitioner(s)

Vs

1. The State of Tamil Nadu

Rep. By its Chief Secretary to

Government,

Human Resources Management

(FR.IV) Department,

Fort. St George,

Chennai - 600 009

2.The State of Tamil Nadu,

Rep. by its Secretary to Government,

Personnel And Administrative Reforms

Department,

Fort. St George, Chennai - 600 009.

3.The State of Tamil Nadu,

Rep. by its Secretary To Government, Finance Department Fort. St George,

Chennai - 600 009.

4.The Director Of School Education

School Education Department, DPI Complex, College Road,

Chennai 600 006

5.The Block Educational Officer I

Office Of The Block Educational Office

Palayamkottai Rural,

Palayamkottai,

Tirunelveli District Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus calling for the records of the 1st respondent in GO Ms. No. 95 Human Resources Management (FR-IV) Department dated 26.10.2023 in so far as the said government order has in paras 7 and 8 made an unreasonable classification violative of Article 14 of the Constitution between claims for additional incentive for having acquired the additional qualification prior to 10.03.2020 which are pending or not made as on 10.03.2020 being the date of GO Ms.No. 37 Personnel and Administrative Reforms (FR VI) Department and consequential proceedings of the 5th respondent having Ref. No. Na.Ka.No. 819/ A1/ 2024 dated 15/05/2024 cancelling the incentive increment granted to the petitioner from 29/12/2013 and ordinary recovery of amount of Rs. 7,18,566/- paid towards incentive increment to the petitioner and quash the same and to consequently direct the respondents to continue to pay the incentive increment sanctioned to the petitioners who has acquired additional qualification prior to 10.03.2020 and is eligible for sanction of increment in the salary.

For Petitioner: Ms.C.Uma For Respondents: Mr.V.Jeevagiridharan Additional Government Pleader for R1 to R3 Mrs.S.Mythreye Chandru Special Government Pleader for R4 and R5

ORDER

This writ petition has been filed challenging the order dated 15.05.2024 passed by the fifth respondent, thereby cancelled the incentive increment granted to the petitioner from 29.12.2013 and also ordered to recover a sum of Rs.7,18,566/- which was already paid towards incentive increment to the petitioner and also challenged the G.O.Ms.No.95, Human Resources Management (FR-IV) Department dated 26.10.2023 on the file of the fifth respondent insofar as paragraph Nos.7 and 8.

2. The petitioner was appointed in the Government aided school and thereafter appointed as Secondary Grade Teacher in the Panchayat Union Elementary School. Subsequently, he was promoted to the post of Headmaster on 18.06.2018. Even before this appointment, he is qualified with B.A. History decree. Thereafter, he acquired M.A.degree in the year 1999. Later, he also acquired B.Ed. Degree in the month of December, 2013. Hence, the petitioner applied for grant of incentive and he was granted first incentive increment for obtaining B.Ed. Decree and second incentive increment for M.A.degree from 29.12.2013. Now by proceedings dated 15.05.2024, the fifth respondent cancelled the incentive increment on the basis of the G.O.Ms.No.37, Personnel and Administrative Reforms Department dated 10.03.2020 and also ordered recovery of incentive amount which are already paid to the petitioner. As per G.O.Ms.No.37, Personnel and Administrative Reforms Department dated 10.03.2020, the sanction of advance increment for higher qualification was cancelled with immediate effect. However, it does not say that it is applicable retrospectively. That apart, the fifth respondent is not competent person to pass order to stop increments which was already granted to the petitioner and order recovery of incentive amount which was paid from the year 2013.

3. F