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

THE HON'BLE MR. JUSTICE M. DHANDAPANI S.V.Pari Petitioner Vs

1. The State of Tamil Nadu Rep by the Secretary to Government School Education Department Fort St. George, Chennai 600 009.

2.The Director of School Education College Road, Chennai 600 006.

3.The Chief Accounts Officer (Audit)

Directorate of School Education College Road, Chennai - 600 006.

4.The Regional Accounts Officer (Audit)

Education Department, Coimbatore

5.The District Educational Officer Salem District

6.The Head Master Government Higher School, Erumapalayam, Salem.

7.Vinayaka Missions Research Foundation Rep. by its Authorised Person Sankari Main Road (NH-47) Ariyanoor, Salem - 636 308 Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records pertaining to the impugned communication of the 3^rd respondent in A. Thi. Mu. No 020989 / A.K. Tha / 2023 dated 09.06.2023 and quash the same and consequently direct the 3^rd respondent to refund the amount deducted from the retrial benefits of the petitioner by considering the petitioner’s representation dated 25.04.2023.

For petitioner : Mr.B. Bharath Kumar for M/s.K.V. Law Firm For respondents : Mr.P. Manorajan Standing Counsel for RR3 and 4 Ms.S. Mythreye Chandru Spl. Govt. Pleader for RR1, 2, 5 and 6.

Mr. A. Saravanan for R7

ORDER

This writ petition has been filed to call for the records pertaining to the impugned communication in A. Thi. Mu. No 020989 / A.K. Tha / 2023 dated 09.06.2023 and quash the same and consequently direct the 3^rd respondent to refund the amount deducted from the retrial benefits of the petitioner by considering the petitioner’s representation dated 25.04.2023.

2. It is stated that the petitioner was initially appointed as B.T. Assistant (Maths) on 08.02.2008 and retired from service on attaining the age of superannuation on 31.03.2023 at Government Higher School, Erumapalayam, Salem. It is further averred that during his service, he pursued M.Phil course at the 7^th respondent University and completed the same on 25.04.2015. It is his contention that as per G.O. No.18 issued by the Education(E2) Department, dated 18.01.2013, he was entitled for two increments and as such he was granted two increments with effect from 26.04.2015. It is his grievance that after several years that too at the verge of superannuation, relying upon G.O.Ms.No.91 dated 03.04.2009, the 4^th respondent cancelled the incentive increment and ordered recovery of the excess amount. Consequently, an order was passed to recover the increment amounts that were awarded to him from 26.04.2015 and a sum of Rs.3,72,859/- was ordered to be recovered from the petitioner. It is the contention of the petitioner that as per the proposition of law, he is entitled to two increments and thus, the order of recovery was passed without properly appreciating the materials on record. Despite the above settled position, the 3^rd respondent had adjusted the above amount in the retiral benefits, prior to his retirement. When that being so, he submitted a representation dated 25.04.2023 to the 3^rd respondent, though very many representations were addressed to respondents 3 to 6, but the same were not considered and the impugned order in A. Thi.Mu.No.020989/A.Ka.Tha/2023, dated 09.06.2023 was passed. In such circumstances, left with no other remedy, thereby challenging the impugned recovery order dated 09.06.2023, the petitioner was constrained to file this writ petition.

3. Learned counsel for the petitioner reiterated the lines stated in the affidavit and argued that the petitioner is entitled to two increments for acquiring higher qualification. He pointed out 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. Also, he submitted that in similar circum