IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA &

WMP.Nos. 13681 & 13685 of 2026 Tmt.P.Kalaiselvi ..Petitioner(s)

Vs

1. The Director of School Education, DPI Campus,College Road, Chennai 600 006

2. The Financial Advisor and the Principal Accounts Officer Directorate of School Education, DPI Campus,College Road, Chennai 600 006

3. The Regional Accounts Officer (Audit), School Education Department,LLA Building,3rd Floor,Big Bazaar Street,Town Hall,Coimbatore 641001

4. The Headmaster, Government Higher Secondary School, Kullanoor,Thalapallam 636813, Pennagaram Taluk, Dharmapuri District.

..Respondent(s)

Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking of writ of certiorarified mandamus, calling for the records of 3^rd respondent in proceedings Na.Ka.No.3012/E11/2019 dated 10.01.2020 raising audit objection to the grant of incentive for the M.Phil Degree obtained through part time mode and ordering recovery of the incentive granted to the Petitioner from the salary and refixation of the petitioner from 31.01.2017 and quash the same as arbitrary and consequently direct the Respondents to continue to pay the incentive amount to the petitioner for having acquired M.Phil Degree through part time mode along with petitioner salary.

For Petitioner(s): Mr..P.GANESAN For Respondent(s): Mrs. Mythreye Chandru Special Government Pleader

ORDER

This writ petition is filed for the following relief:

“To call for the records of 3^rd respondent in proceedings Na.Ka.No.3012/E11/2019 dated 10.01.2020 raising audit objection to the grant of incentive for the M.Phil Degree obtained through part time mode and ordering recovery of the incentive granted to the Petitioner from the salary and refixation of the petitioner from 31.01.2017 and quash the same as arbitrary and consequently direct the Respondents to continue to pay the incentive amount to the petitioner for having acquired M.Phil Degree through part time mode along with petitioner salary.”

2. When the matter was taken up for hearing, it was informed that a Division Bench of this Court had in a similar case in WA.No.2328 of 2018 and etc., batch passed a judgment dated 04.08.2023, wherein, this Bench has held as follows:

33. In this context, the learned Government Pleader appearing for the State has relied upon the G.O.Ms.No.91, Higher Education Department, dated 03.04.2009 and has stated that the Government by the said G.O, declared that the M.Phil and Ph.D degree obtained through the correspondence or Distance Education or Open University system are ineligible for Government appointments and appointment as lecturers in colleges or Universities including self~financing colleges, therefore the import of the said G.O.Ms.No.91, dated 03.04.2009 if it is implemented that will stand in the way for extending the benefit of advance incentive increment to the teachers.

34. However, the said submission made by the learned Government Pleader is liable to be rejected because, the said G.O has only mentioned about the eligibility for a person to get employment. Here, the teachers, as per earlier qualification acquired already, been appointed as teachers or lecturers and the benefit now questioned is only the grant of advance incentive increment for having acquired the higher qualification. Therefore, the G.O.Ms.No.91 dated 03.04.2009 issued by the Higher Education Department does not deal with anything about the allowing of advance incentive increment to the teachers, who acquired higher qualification, therefore, that argument made by the learned Government Pleader also is to be rejected and accordingly, it is rejected.

35. In the result, the following orders are passed in these writ appeals:

That the impugned order passed by the writ Court dated

06.09.2018 is set aside. As a sequel, the impugned order that was challenged before the Writ Court in the respective petitions is also set aside to the extent that those teachers who had s