BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

25.11.2025 23.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.28617 of 2025 & WMP.(MD).No.22210 of 2025 Mrs.S.Dhavamani ... Petitioner -vs-

1.The District Educational Officer (Elementary), Thoothukudi, Office at Pudukottai – 628 103, Thoothukudi District.

2.The Block Educational Officer, Thoothukudi Urban, Thoothukudi District.

3.BMC Primary School, Rep., by its Secretary, Millerpuram, Thoothukudi -8. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Mu.Mu.No.372/A4/2022, dated 05.02.2025, on the file of the respondent No.1 and the impugned order in Mu.Mu.No.622/A1/2019, dated 27.03.2025 on the file of the respondent No.2 and the consequential impugned order in Na.Ka.No.372/A4/2024, dated 08.08.2025 on the file of the respondents No.1 and quash the same as illegal and consequently for a direction, directing the respondent Nos.1 & 2 to restore the incentive increment granted to the petitioner for acquiring M.Ed Degree with all consequential benefits including arrears within the time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.N.Satheesh Kumar AGP for RR1 & 2

O R D E R

This Writ Petition had been filed to quash the impugned order dated

05.02.2025, passed by the first respondent and the impugned order, dated 27.03.2025 passed by the second respondent and the consequential impugned order, dated 08.08.2025 passed by the respondents as illegal and consequently issue a direction to the first and second respondents to restore the incentive increment granted to the petitioner for acquiring M.Ed Degree with all consequential benefits including arrears within the time stipulated.

2. Heard Mr.T.Aswin Raja Simman, the learned counsel appearing for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents 1 and 2.

3. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Secondary Grade Teacher in the third respondent school which is an aided non minority school. The petitioner was also promoted as Headmistress in the year 2009 and was benefited with the incentive increments for possessing the higher qualification of M.Ed degree w.e.f. 01.09.1996, as per the the Government Orders in that regard. While that being so, based upon the audit objections, a recovery of Rs.46,593/- was ordered by proceedings dated 21.09.2006. An explanation was also submitted by the petitioner to drop the audit objections, which came to be rejected by the first respondent by proceedings dated 06.07.2009. The petitioner had challenged the same before this Court in W.P.(MD).No.4315 of 2010 and the same came to be allowed by quashing the said order. The first and second respondents had preferred an Intra Court Appeal in W.A.(MD).No.470 of 2018, wherein on 15.04.2024, the Division Bench dismissed the same inter alia holding that the petitioner was entitled to receive two incentive increments for acquiring the M.Ed., degree while serving as the Secondary Grade Teacher. However, by the impugned communication, the second respondent had rejected the request of the petitioner for restoration of the incentive increments for M.Ed., degree. He would submit that though initially only the order of recovery had been made, which was set aside by the learned Single Judge of this Court. The Division Bench in the Intra Court Appeal filed by the respondents while affirming the order of the learned Single Judge, had also inter alia held that the petitioner was entitled to receive two incentive increments for acquiring the M.Ed degree and that the case of the petitioner is outside the ambit of G.O.Ms.No.155.

4. On the contrary, under the impugned order passed by the second respondent placing re