IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.45067 of 2025 and WMP.No.50219 of 2025 A.Dharuman ... Petitioner Vs.

1.THE DIRECTOR OF SCHOOL EDUCATION (SERVICE DIVISION), DIRECTORATE OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 600 006

2.THE DIVISIONAL ACCOUNTS OFFICER (AUDIT), SCHOOL EDUCATION DEPARTMENT, LLA BUILDING 3RD FLOOR, BIG BAZAAR STREET, TOWN HALL, COIMBATORE 641 001

3.THE CHIEF EDUCATIONAL OFFICER, KRISHNAGIRI DISTRICT

4.THE HEAD MASTER GOVERNMENT BOYS HIGH SCHOOL, SINGARAPETTAI, KRISHNAGIRI DISTRICT ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the 4th respondent in proceedings dated 30.10.2025 in Na.Ka.No.231/2025 following the audit objection with respect to grant of incentive to the petitioner working as B.T.Assistant, Government Boys High school, Singarapettai, Krishnagiri-635 112, quash the same and consequently direct the respondents to continue to pay the incentive amount to the petitioner for having acquired M.Phil, Degree through part time For Petitioner : Mr.S.N.Subramani For Respondents : Mrs.S.Mythreye Chandru, Special Government Pleader

O R D E R

This writ petition has been filed challenging the proceedings of the 4th respondent dated 30.10.2025 in Na.Ka.No.231/2025 following the audit objection with respect to grant of incentive to the petitioner working as B.T.Assistant, Government Boys High school, Singarapettai, Krishnagiri-635 112 and consequently to direct the respondents to continue to pay the incentive amount to the petitioner for having acquired M.Phil, Degree through part time

2. This issue has already been dealt with by this Court in WP.No.37180 of 2024 and this Court by order dated 30.01.2025 held that the petitioner therein was entitled for incentive increment. The relevant portion of the order is extracted hereunder:

“7. In similar matter in W.A(MD).No.1124 of 2023 the Division Bench of this Hon’ble Court by order dated

24.07.2023, the Hon’ble Court has held that:-

“2. The application for incentive was rejected only on the ground that the first respondent had not obtained prior permission of the authorities for undergoing higher education. Therefore, the learned Single Judge of this Court, allowed the Writ Petition, following the view taken by this Court by another Judge of this Court in J.Tamilrajan .vs. Department of School Education and others passed in W.P(MD)No.4019 of 2018. It is now admitted before this Court the same view of this Court was affirmed in W.A(MD)No.813 of 2021 in the case of the Director of School Education, DPI Campus, College Road, Chennai -6 .vs. G.Anandhi, dated 16.4.2021.

3. This Court find that the issue is no-more resintegra in view of the several judgments on this issue holding that the claim of teachers for incentive increment cannot be rejected on the ground that the concerned teacher had not obtained prior permission of the authorities for undergoing higher education. Since the issue has been settled by precedents, this Court is unable to countenance the arguments advanced by the learned counsel for the appellants.

It is true that there are several Government Order which have insisted the requirement of permission of the educational authorities for a teacher to undergo higher education. It is to be noted that the payment of incentive increment for acquiring higher qualification is to encourage the teachers to acquire higher qualification so that the quality of education will be higher. It may be true that the teacher while in service will have to obtain prior permission as per the Government Orders. Further it is to be noted that acquiring higher qualification while in service is not prohibited and it is only regulated. In such circumstances, acquiring higher qualification while in service without the permission is only an irregularity and that will not entitle the respon