IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.12.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. No. 1385 of 2024 R.Ramakrishnan Petitioner Vs

1. The Regional Accounts Officer (Audit), Department of School Education, Namakkal.

2.The Director Directorate of School Education, Chennai 600 006.

3.The Chief Educational Officer Namakkal, Namakkal District. 4.The Headmaster Government Male Higher Secondary School, Erumapatti Namakkal District.

5.The Registrar Vinayaka Missions University, Salem 636 308. 6.The Secretary University Grants Commission, Bahadur Shah Zafar Marg New Delhi 110 002. 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 4^th respondent made in Proceedings in Na.Ka.No. 206/ 2022 dated 22.11.2023 and quash the same and consequently direct the respondents 1 to 4 to continue to pay the incentive increment to the petitioner For petitioner : Ms.N. Umapathi For respondents : Mr.P. Manorajan Standing Counsel for R1 Ms.S. Mythreye Chandru Spl. Govt. Pleader for RR2 to 4 Mr. A. Saravanan for R5

ORDER

This writ petition has been filed to call for the records of the 4^th respondent made in Proceedings in Na.Ka.No. 206/ 2022 dated 22.11.2023 and quash the same and consequently direct the respondents 1 to 4 to continue to pay the incentive increment to the petitioner.

2. It is stated that the petitioner was initially appointed as P.G. Assistant (English) in P.U. Middle School, Oruvanthurpudur, Mohanur Union, on 15.09.2010 and thereafter promoted as Graduate Teacher on 28.06.2012. It is further averred that he had joined the M.Phil Degree course during the year 2008 and successfully completed the same in the year 2009 from the 5^th respondent University, namely Vinayaka Missions University, which is a Deemed to be University under Section 3 of the University Grants Commission Act, 1956. Pursuant to acquiring higher qualification, he was granted incentive increments by the respondents. While so, after a long lapse of time, the audit wing raised objections in the year 2020, alleging that the M.Phil degree obtained through distance education mode was not recognized, and consequently, proceedings dated 22.11.2023 were initiated for withdrawal and recovery of incentive increments already paid. Challenging the impugned order of rejection and recovery dated 22.11.2023 issued by the 4^th respondent, this writ petition has been filed.

3. Learned counsel for the petitioner submitted that the issue involved in the present writ petition is no longer res integra, as it has been settled by the Hon’ble Division Bench of this Court in W.A. No.2328 of 2018 batch, dated 04.08.2023. He further argued that the 5^th respondent University was duly recognized during the relevant period, and the petitioner completed the M.Phil degree strictly in accordance with the regulations then in force. The bar under G.O.Ms.No.91, Higher Education Department, dated 03.04.2009, applies only to entry-level appointments and not for grant of incentive increments. He pointed out that the petitioner having acquiring the higher qualification prior to

2013, he was granted incentive increment and the same is legally valid. Therefore, the subsequent recovery proceedings dated 22.11.2023 issued by the 4^th respondent, which is impugned herein, initiated after several years are arbitrary, illegal, and unsustainable.

4. In support of his contention, he particularly pointed out paragraphs Nos.33 and 34 of the judgment in W.A. No.2328 of 2018 passed by the Hon’ble Division Bench of this Court, wherein it has been held that denial of incentive increments on the basis of G.O.Ms.No.91 is impermissible. In view of the above, he prayed for setting aside the impugned order, dated 22.11.2023 and for consequential monetary benefits.

5. Per contra, the learned Special Government Pleader appearing for the respondents 2 to 4 submitted that as per G.O.Ms.No.91, Higher E