IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

and

W.M.P.No.48197 of 2025

S.Banumathi ... Petitioner

-Vs-

1. The State of Tamil Nadu,

Represented by its Principal Secretary to Government,

Department of School Education, Fort St.George, Chennai-600 009.

2. The Director of Elementary Education,

DPI Campus, College Road,

Chennai – 600 006.

3. The District Educational Officer (Elementary),

District Educational Office, Huzur Road,

Race Course,

Coimbatore 641 018.

4. The Block Educational Officer III,

Karamadai Block, Mettupalayam Taluk,

Coimbatore District 641 104. ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, calling for the entire records connected with the proceedings of the 4^th respondent in Na.Ka.3274/A3/25 dated

25.09.2025 and quash the same.

For Petitioner : Mr.K.Thilageswaran For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

O RDER

This Writ Petition has been filed challenging the order passed by the fourth respondent in Na.Ka.3274/A3/25 dated 25.09.2025.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The very same issue has already been dealt with by this Court in W.P.Nos.24236 of 2025 etc., batch dated 23.10.2025, wherein this Court held as follows:-

“ 6. Admittedly, the petitioners are all qualified with the subjects in the Higher Secondary syllabus, therefore, they were sanctioned with incentive increments as per the Government Order G.O.Ms.No.324 dated 25.04.1995. While being so, the petitioner in W.P.(MD).No.22704 of 2018 dated 21.01.2025 was also provided with incentive increments for possessing higher qualification in M.Com., However, the increment granted was cancelled on the ground that the petitioner therein being a teacher of English subject, and M.Com., degree obtained by him would not serve any purpose to the students and therefore, ordered recovery of incentive increments which was already granted to the petitioner therein and also to stop the incentive increments and ordered to revise the scale of pay. The Hon'ble Madurai Bench of this Court by order dated 25.01.2025 dismissed the writ petition and issued directions to the Government that the Government shall find out the ineligible teachers, who are receiving incentive increments for their higher qualification without any relevancy and to take appropriate action to recover the same, as it is a loss to the public exchequer.

7. On the basis of the order passed by this Court, now the impugned also ordered to recover the incentives and also to revise the scale of pay. In the meantime, a teacher filed writ petition in W.P.No.2043 of 2019 seeking a direction to the Government to reconsider the plea of grant of advance incentive increments for acquiring higher qualification by the said teacher and the same was allowed. Aggrieved by the same, the Government of Tamil Nadu, School Education Department, Chennai filed writ appeal before this Court in W.A.No.2747 of 2023. The Hon'ble Division Bench of this Court dismissed the writ appeal and observed as follows:-

7. Thereafter, successive State Governments expanded the scope of G.O.42 and whenever there was an attempt to narrow the scope to restrict the grant of incentive increments, the Associations of Government School Teachers were successful in negotiating with the successive Governments to have the incentive increments restored. One such instance is when the Government passed G.O.(Ms.)No.624 Education dated 13.07.1992, which restricted the grant of incentive increments and made it applicable only to higher qualifications, which will be actually useful to the students.

8. Unfortunately, after about 3 years, the Government went back again and passed G.O.(Ms.)No.324 dated 25.04.1995 which apart from recalling the conditions imposed by para 3 of G.O (Ms.)No.624 dated 13.07.1992, extended the benefit of incentive increments for h