J.SivakumarS/O.G.JayaramanDoor No.1/170 v. The Director of School Education (Service Division)Directorate of school EducationDPI Campus

WP No. 4004 of 2026__________Page1 of 7IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12-02-2026CORAMTHE HON'BLE MR JUSTICE M.DHANDAPANIWP No. 4004 of 2026and WMP.Nos.4472, 4474 & 4476 of 2026J.SivakumarS/O.G.JayaramanDoor No.1/170, Pillaiyar Kovil street, Arappakkam post, Rathanagiri (via),Vellore-632 517Ranipet District..Petitioner(s)Vs1.The Director of School Education (Service Division)Directorate of school EducationDPI Campus, College RoadChennai-600 0062.Financial Advisor and The Principal Accounts officerDirectorate of school Education, DPI campus, college Roadchennai-600 0063.The Regional Accounts officer(Audit) https://www.mhc.tn.gov.in/judis WP No. 4004 of 2026__________Page2 of 7School Education DepartmentLLA Building 3rd floorBig Bazaar street, Town HallCoimbatore-641 0014.The Chief Educational officerO/o.The Chief Educational office, Collectorate Building3rd floor, B Block, Vellore Arcot RoadSathuvacheriVellore-632 0095.The District Educational officer office of the District Educational officeCollectdorate Buildings3rd floor, B BlockVellore Arcot Road, SathuvacheriVellore-632 0096.The HeadmasterGovernment boys Higher secondary schoolLatheri-Vellore District-632 202..Respondent(s)Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in proceedings having Ref.

No. Na.Ka. 1633/E14/2019, dated 20.09.2019 raising audit objection to the grant of incentive to the petitioner who https://www.mhc.tn.gov.in/judis WP No. 4004 of 2026__________Page3 of 7is working as BT Assistant (Maths)in the Government Boys Higher Secondary School, Latheri, Vellore District, for the M.Phil degree obtained through distance mode and the consequential proceedings of the 6th respondent directed the petitioner to remit the incentive granted to the petitioner from the salary of the petitioner from 6.1.2016 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 petitioners salaryFor Petitioner(s):Ms.C.UmaFor Respondent(s):Mr.S.PrabakaranORDER The third respondent in proceedings having Ref. No. Na.Ka. 1633/E14/2019, dated 20.09.2019 raising audit objection to the grant of incentive to the petitioner, who is working as B.T. Assistant (Maths )in the Government Boys Higher Secondary School, Latheri, Vellore District, for the M.Phil degree obtained through distance mode and the consequential proceedings of the sixth respondent dated 28.11.2024, directing the petitioner to remit the incentive granted to the petitioner from the salary of the petitioner from 06.01.2016, are put under challenge in the present Writ Petition.

Further, the petitioner has sought for a direction to 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’s salary. https://www.mhc.tn.gov.in/judis WP No. 4004 of 2026__________Page4 of 72. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.3. The brief facts of the case is as follows:3.

The petitioner was appointed as B.T. Assistant (Mathematics) on 25.07.2006 in Government Kallar High School, A.Poochipatti, Usilampatti Taluk, Madurai District and after several transfers, the petitioner is now working at the sixth respondent school. After obtaining necessary permission, the petitioner pursued M.Phil Degree course through Distance Education in Alagappa University, Karaikudi and completed the same in the year 2016, for which, he was sanctioned with the second incentive increment from 06.01.2016. While so, since there was audit objections raised for the aforesaid sanction of the petitioner’s increment for M.Phil Degree obtained through Distance Education, the third respondent addressed a proceedings to the sixth respondent, who in turn, issued the impugned proceedings of recovery of the amount received by the petitioner under the second incentive increment from 06.01.2016, by citing various Government Orders, including G.O.Ms No.91, Higher Education (Ks) Department dated 03.04.2009.