IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI

and

W.M.P. Nos.53248 and 53250 of 2025

M.Vidhya Petitioner

Vs

1. The Director of School Education

Directorate of School Education,

DPI Campus, College Road,

Chennai-600 006.

2.The Regional Accounts Officer (Audit)

School Education Department,

Coimbatore.

3.The Chief Educational Officer

O/o.The Chief Educational Office,

Vellore District, Vellore.

4.The Headmaster

Government Girls Higher Secondary School,

Paradarami, Vellore District. Respondents 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 2^nd respondent in proceedings having Ref. No.Na.Ka. No.1350 /E4/ 2019 dt

22/09/ 2019 raising audit objection to the grant of incentive for the M.Phil Degree obtained through part time and ordering recovery of the incentive granted to the petitioner from 27.09.2017 and quash the same as arbitrary and consequently direct the respondents to continue to pay the incentive amount to the petitioner for having acquired M.Phil Degree along with petitioner’s salary and pass.

For petitioner : Ms.K. Chandra For respondents : Ms. Mythreye Chandru Spl. Govt. Pleader

ORDER

Ms.Mythreye Chandru, learned Special Government Pleader takes notice respondents. With the consent of both the parties, the writ petition is taken up for final disposal today at the stage of admission itself.

2. Short facts :-

a) The petitioner, presently working as a Post Graduate Assistant in Government Girls Higher Secondary School, Coimbatore, seeks issuance of a Writ of Certiorarified Mandamus to quash the impugned proceedings issued by the 2^nd respondent dated 22.09.2019 in Na.Ka.No.1350/E14/2019 raising audit objection for grant of incentive increment to her and consequential directions to continue to pay the incentive amount to the petitioner for having acquired M.Phil Degree along with her salary.

b) It is her contention that prior she joined as PG Assistant on 22.09.2017, whereas she pursued and completed M.Phil in the month of July 2017, i.e., prior to her appointment and obtained the said degree from Mother Teresa Women’s University, Kodaikkanal. Further, it is stated that as per G.O. 1(D) No.18, School Education (E2) Department, dated 18.01.2013, she is entitled to receive the incentive increment for obtaining the M.Phil degree through distance mode and the 4^th respondent vide proceedings dated 10.04.2019, granted the same. While so, subsequently based on an audit objection, the 2^nd respondent vide proceedings dated 22.09.2019 has stated that the petitioner was not eligible for incentive increment amount and ordered the 4^th respondent to recover the same from the petitioner’s salary. Aggrieved by the same, this writ petition has been filed with the aforesaid prayer.

3. Learned counsel for the petitioner submitted that the petitioner joined as PG Assistant during the month of September 2017 and having completed her M.Phil Degree in July 2017 itself, which is prior to her date of joining. Relying on G.O.(1D) No.18, School Education (E2) Department dated 18.01.2013, shecontended that M.Phil and Ph.D degrees acquired through Distance Education/Part-time mode are eligible for grant of incentive increments to BT Assistants, and therefore, the petitioner ought to have been sanctioned the incentive increment from the date of joining.

4. She further submitted that the impugned proceedings suffer from non-application of mind, as the 2^nd respondent erroneously treated the distance education qualification as ineligible for incentive increment without considering the specific Government order that governs grant of incentive increment. She further argued that the impugned order directing recovery has been passed without issuance of any show cause notice to the petitioner, violating principles of natural justice. She also contended that G.O. Ms. No.91, Higher Education Deparmtent, dated 03.04.2009 has on