High Court · 2025

W.P.No.1571 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 02.12.2025CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.1571 of 2024 And W.M.P.No.1598 of 2024 1 B.RADHIKA2 N.NAGALAKSHMI3 A.RAHIMA BEEVI4 A.VIJAYALAKSHMI5 C.JAMUNA RANI6 M.RAJALAKSHMI7 SARAH GEORGE8 A.MARIA AUXILIA9 P.DEVI10 S.SATHIYA11 M.ANTONY MARY12 S.SAHAYA VALENTINA13 K.SELVI14 K.LAKSHMI15 M.VETHAMARY16 R.SURESH 17 A.ARUNA VIJAYALAKSHMI18 C.DEVI 19 G.SREETULASI20 G.BUVANESHWARI 21 J.NAGASORNAMUGI22 G.P.SELVI23 N.KANDHASAMI24 V.KASTHURI25 S.MARIA PRASENNA26 B.LATHA 27 K.AMUDHAKOWSALYA28 S.SELVAKUMAR29 T.MANIMEGALAI1/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 202430 T.PACKIASUNDARI31 A.VANITHA PARVATHY32 K.SULOCHANA33 G.THAMIZHARASAN34 P.PUGAZHARASU35 P.PADMAVATHI36 M.VADIVELU37 A.GOPI38 K.V.MANJULA39 S.USHA RANI40 C.PREMKUMARI41 P.TRYBOSE RAJABAI42 K.NIRMALA43 V.RADHA44 P.S.SHARMILA45 P.M.P.SUCILA DEVI46 S.NIRMALA47 A.SANKAR48 C.THIRUNAVUKKARASU49 M.MAHALAKSHMI50 L.GEJALAKSHMI51 T.MALARKODI52 B.RHAMADEVI53 R.NALINI54 P.KASTHURI SORNA SHENBAGAM55 P.NAGAMANI56 H.RAJEYAMMAL57 M.RAJATHI58 V.PRADEEPA59 A.GAYATHRI60 B.MARY RAPHELA 61 M.KANIMOZHI62 C.NARGIS RATHINA RANI 63 P.PADMAVATHY64 P.PALANI 65 Y.A.M.DURAI66 K.THILAK 67 M.MAHADEVI68 R.SARASWATHI69 S.SHANTHI KAMALAM 2/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 202470 B.USHA71 G.SIVAJOTHI72 V.HEMA73 S.JONA ELISABETH74 K.BHAVANI75 S.SRIDEVI76 R.RAMANI77 S.MANIKANDAN78 V.NANDHINI79 L.S.VIJAYALAKSHMI80 S.RAJALAKSHMI81 S.KUMARI LATHA82 S.SAMBATHKUMAR83 A.EMMANUVEL84 S.VIOLET VITTA BAI85 A.THIRUMAL86 L.FRANCIS87 S.YASEEN BASHA88 G.RAJASEKAR89 K.KALAVATHI90 R.SUGANTHI91 M.MAHESWARI92 S.KARUNANITHI93 S.SATHIYABAMA94 M.SENTHILKUMARI95 V.AMUDHA96 K.SIVAGAMASUNDARI97 G.RAMAMOORTHY98 V.PRADHIPA 99 M.NAVANEETHA KRISHNAN 100 G.SHANTHINI ... Petitioners Vs.1 THE STATE OF TAMIL NADU, REP. BY ITS CHIEF SECRETARY TO GOVERNMENT, HUMAN RESOURCES MANAGEMENT (FR.IV) DEPARTMENT, FORT. ST GEORGE, CHENNAI – 600 009.3/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 20242 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, FORT. ST GEORGE, CHENNAI – 600 009.3 THE DIRECTOR, TAMIL NADU GOVERNMENT AUDIT DEPARTMENT, NO.571, OFFICERS BUILDING, VETERINARY HOSPITAL CAMPUS, 4TH FLOOR, ANNA SALAI, NANDANAM, CHENNAI – 600 035.4 THE JOINT DIRECTOR (PERSONNEL) SCHOOL EDUCATION DEPARTMENT, DPI COMPLEX, COLLEGE ROAD, CHENNAI – 600 006. ... Respondents Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023 and quash the same in so far as the said government order has in paras 7 and 8 made an unreasonable classification violative of Article 14 of the Constitution between claims for additional incentive for having acquired the additional qualification prior to 10.03.2023 which are pending or not made as on 10.03.2020 being the date of G.O.Ms.No.37 Personnel and Administrative Reforms (FR-VI) Department and claims for additional incentive which have already been processed and sanctioned prior to 10.03.2020 will be continued to receive incentive in the salary and consequently direct 4/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 2024the first respondent to grant the first or second incentive, as the case may be, for the petitioners who have acquired additional qualification prior to 10.03.2020 and are eligible for sanction of increment in their salary.For Petitioners : Mrs.Nalini Chitambaram Senior Counsel for M/s.C.UmaFor Respondents : Mrs.S.Mythreye Chandru Special Government PleaderO R D E RThis writ petition has been filed challenging paras 7 and 8 of G.O.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023 issued by the first respondent and for direction to the first respondent to grant the first or second incentive, as the case may be, for the petitioners who have acquired additional qualification prior to 10.03.2020 and are eligible for sanction of increment in their salary. 2.The learned Senior Counsel appearing for the petitioners submitted that the petitioners are serving Teachers and they obtained prior permission for acquiring higher educational qualification and obtained higher educational qualification prior to G.O.Ms.No.37, 5/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 2024Personnel and Administrative Reforms (FR-VI) Department, dated 10.03.2020 and they made application to the respondents prior to G.O.Ms.No.37, however, the respondents did not pass any order in view of G.O.Ms.No.37, Personnel and Administrative Reforms (FR-VI) Department, dated 10.03.2020, G.O.Ms.No.116 dated 15.10.2020, G.O.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023, thereby, challenging paras 7 and 8 of G.O.Ms.No.95, dated 26.10.2023, which provides for lumpsum amount, the petitioners filed the present writ petition. 3.The learned Senior Counsel appearing for the petitioners further submitted that the issue involved in the writ petition is no longer res integra and the same has already been decided by the Hon’ble Division Bench of this Court in W.A.Nos.3491 and 3496 of 2024 [A.Sundari and others Vs. The State of Tamil Nadu and others] dated 03.12.2024, the Hon’ble Division Bench of the Madurai Bench of this Court in W.A(MD) No.975 of 2024 [The Director of Elementary School Education and two others Vs. M.Fatima Vijaya Latha and another] dated 12.06.2024, the Hon’ble Division Bench of the Madurai Bench of this Court in W.A(MD) No.1052 of 2024 [The State of Tamil Nadu, Represented by its Secretary and others Vs. A.Govindasamy and 6/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 2024others] dated 21.06.2024, the Hon’ble Division Bench of this Court in W.A.No.2979 of 2025 [M.Bathirasamy and others Vs. State of Tamil Nadu, Represented by its Chief Secretary to Government and two others] dated 10.10.2025. 4.The learned Senior Counsel appearing for the petitioners further submitted that this Court may issue direction to the respondents to process petitioners individual application made prior to G.O.Ms.No.37, dated 10.03.2020, if they had acquired higher educational qualification with prior permission and grant increment for the petitioners who have acquired additional qualification prior to 10.03.2020. 5.The learned Special Government Pleader submitted that as against the order passed by the Hon’ble Division Bench of this Court in W.A.Nos.3491 and 3496 of 2024, review petitions are pending in Review Application Nos.97 and 98 of 2025, however, no interim order was passed.6.The issued involved in the writ petition is whether the relevant Government Order is applicable prospectively or 7/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 2024retrospectively. The Hon’ble Division Bench of this Court concurrently held that the Government Order is applicable only prospectively and not retrospectively.7.In view of the above, this Court direct the respondents to process the petitioners individual application if they satisfy the norms prescribed in G.O.Ms.No.37, dated 10.03.2020 and pass appropriate orders on the individual application, within a period of twelve weeks from the date of receipt of a copy of this order, on the basis of the order passed by the Hon’ble Division Bench of this Court, however, the order passed by the respondents to the individual petitioner is subject to the result of the review petitions pending in Review Application Nos.97 and 98 of 2025.8.The writ petition is disposed of on the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 02.12.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No8/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 2024To1 THE CHIEF SECRETARY TO GOVERNMENT, HUMAN RESOURCES MANAGEMENT (FR.IV) DEPARTMENT, FORT. ST GEORGE, CHENNAI – 600 009.2 THE STATE OF TAMIL NADU, REP. BY ITS SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, FORT. ST GEORGE, CHENNAI – 600 009.3 THE DIRECTOR, TAMIL NADU GOVERNMENT AUDIT DEPARTMENT, NO.571, OFFICERS BUILDING, VETERINARY HOSPITAL CAMPUS, 4TH FLOOR, ANNA SALAI, NANDANAM, CHENNAI – 600 035.4 THE JOINT DIRECTOR (PERSONNEL) SCHOOL EDUCATION DEPARTMENT, DPI COMPLEX, COLLEGE ROAD, CHENNAI – 600 006.9/10 https://www.mhc.tn.gov.in/judis W.P.No.1571 of 2024M.DHANDAPANI,J. priW.P.No.1571 of 2024AndW.M.P.No.1598 of 202402.12.202510/10