IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.01.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.7739 of 2024 S.Thenmozhi ... Petitioner Vs.

1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, FORT ST.GEORGE, SECRETARIAT, CHENNAI 600 009.

2 THE DIRECTOR OF ELEMENTARY EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006.

3 THE CHIEF EDUCATIONAL OFFICER, TIRUPPUR DISTRICT, TIRUPPUR.

4 THE DISTRICT EDUCATIONAL OFFICER (ELEMENTARY), THARAPURAM EDUCATIONAL DISTRICT, TIRUPPUR DISTRICT.

5 THE BLOCK EDUCATIONAL OFFICER, VELLAKOVIL UNION, TIRUPPUR DISTRICT. ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order by the fifth respondent vide Na.Ka.No.645/ AA1/2020 dated 05.09.2023 and to quash the same and consequently directing the respondents 1 to 5 grant incentive increment for the petitioner.

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

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to the order of the fifth respondent vide Na.Ka.No.645/ AA1/2020 dated 05.09.2023 and to quash the same and consequently directing the respondents 1 to 5 to grant incentive increment for the petitioner.

2.The learned counsel appearing for the petitioner submitted that the petitioner was qualified with Diploma in Teacher Education (D.T.Ed.) in the year 1992 and acquired B.Com. in 1992 and M.Com. in 1999. The petitioner was appointed as Secondary Grade Teacher in Elementary Education vide order dated 15.07.2009 and she joined the post on 16.07.009. The learned counsel further submitted that as per G.O.Ms.No.324, Education, Science and Technology Department, dated 25.04.1995, the petitioner is entitled for incentive increment for acquiring higher qualification and the petitioner was sanctioned with incentive increment for acquiring B.Com. and M.Com. with effect from 31.05.2012, however, the incentive increment was stopped by the respondents vide impugned order dated 05.09.2023 and the petitioner was instructed to repay the incentive increment granted in her favour, which is not sustainable one.

3.The learned counsel appearing for the petitioner further submitted that the issue involved is no longer res integra. It has already been decided by the Hon’ble Division Bench of this Court in W.A.No.2747 of 2023 [The Government of Tamil Nadu, Represented by its Secretary, School Education Department, Fort St.George, Chennai and others Vs. G.Saraswathi] dated 28.03.2025 and the Hon’ble Division Bench of this Court directed the appellants therein to grant two sets of incentive increments to the respondent therein. Accordingly, he prayed for allowing the writ petition.

4.Per contra, the learned Special Government Pleader appearing for the respondents submitted that the Scheme of incentive increment is a concession and not part of service condition and further submitted that incentive increments are granted to encourage the Teachers on acquiring additional higher educational qualification for the benefit of students studying in the School with the hope that the Teachers on acquiring higher educational qualification will impart better education to the children studying in the School. She further submitted that the petitioner is working as Secondary Grade Teacher and taking classes for the subjects of Tamil, English, Mathematics, Science and Social Science and M.Com. Degree acquired by her is of no relevance as to the post of Secondary Grade Teacher is concerned and further submitted that the incentive increments for acquiring higher qualifications in commerce was granted erroneously and hence the impugned order was passed. Accordingly, she prayed for dismissal of the writ petition.

5.Heard the arguments advanced on either side and perused the ma