1. V.P.Vadivelu2. M. Ponnusamy3. R. Ravikumar4. J. Selvanayagam5. M. Ramesh6. A. Lakshmi Narasimhan7. D v. Rajasekar21. P. Meena22. M.S. Deivanayagi23. V.P. Tamil selvi

W.P.No.25066 of 201934.The Registrar,Vinayaka Missions University, Salem 636 308.35.The Secretary,University Grants Commission, New Delhi. ... RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondents 1 to 33 from initiating any action to recover the payment of incentive increments paid to the petitioners for having qualified MPhil., Degree granted by the 34th respondent and Consequently direct the respondents 1 to 33 to continue to pay the incentive Increment to the petitioners. For Petitioners : Mr.N.Umapathi For Respondents : Mrs.P.Rajarajeswari, GA ORDERThis Writ Petition has been filed to forbear the respondents 1 to 33 from initiating any action to recover the payment of incentive increments paid to the petitioners for having qualified MPhil., Degree granted by the 34th respondent and Consequently direct the respondents 1 to 33 to continue to pay the incentive Increment to the petitioners.Page No.6 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 20192. Heard Mr.N.Umapathi, learned counsel for the petitioners, Mrs.P.Rajarajeswari, learned Government Advocate for the respondents and perused the materials available on record. 3. The petitioners were appointed as B.T.Assistant for having completed M.Phil degree from the Vinayaka Missions University at Salem. Based on the application submitted by the petitioners, incentive increment was granted for acquiring M.Phil degree. Subsequently, an audit objection has been raised stating that M.Phil degree obtained from the Vinayaka Mission University is not a valid degree as per the University Grants Commission Act and Regulations. On the basis of the same, the respondents 1 to 33 are attempting to recover the incentive increment already granted to the petitioners. Hence, the petitioners have filed this Writ Petition. 4. The learned counsel for the petitioners submitted that the similarly placed persons have already filed W.P.Nos.42675 to 42687 and 42689 of 2016 and in which, an order has been passed upholding the Page No.7 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019cancellation of incentive increment sanctioned to the petitioners therein who have obtained M.Phil degree from Vinayaka Missions University. However, the aggrieved petitioners have challenged the same by way of filing a batch of Writ Appeals in W.A.Nos.2328 of 2018 etc., batch and in which, a judgment has been passed on 04.08.2023 to the following effect:“ 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 studied in the Vinayaka Mission's University during the relevant point of time i.e., 2007 to 2009 since had acquired the qualification during the period which the University also enjoyed the approval or recognition from the DEC, IGNO, the said objection raised by the audit Department would not be sustained. Therefore, on that ground, the incentive increment already allowed to these teachers need not be disturbed. If the increment already been allowed to these teachers have been cancelled or stopped by virtue of the order, which is Page No.8 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019impugned herein, the same shall be restored and the arrears to that effect shall be calculated and be paid to the teachers / appellants. To that extent, all these Writ Appeals are allowed. No costs. Connected miscellaneous petitions are closed.”5. As the petitioners are also similarly placed as that of the petitioners in the above Writ Appeals, the respondents 1 to 33 shall consider the petitioners' representation, if they come within the limit stated in the above order with regard to the degree obtained from the Vinayaka Missions University. However, it is upto the petitioners to give representation to the respective respondent. 6. In the result, this Writ Petition is disposed and the petitioners are at liberty to give a representation to the respondent concerned within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the appropriate respondent shall consider the same in the light of the above observations and pass orders in this regard within a period of four weeks thereafter. No costs. Consequently, connected Page No.9 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019miscellaneous petition is closed. Index: Yes /No 30.04.2025Speaking / Non-speakingNeutral Citation : Yes / NogskTo1. The Regional Accounts Officer,(Audit), Department of School Education, Coimbatore 641 001.2.The Director,Directorate Of School Education, Chennai 600 006.3.The District Educational Officer,Salem, Salem District4.. The District Educational Officer,Villupuram, Villupuram District5.The District Educational OfficerDharmapuri, Dharmapuri District6.The District Educational Officer,Pudukkottai, Pudukkottai District7.The District Educational Officer,Trichy, Trichy District8. The District Educational Officer,Namakkal, Namakkal District9.The District Educational Officer,Dindigul, Dindigul District10.The Headmaster,Page No.10 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019Government Higher Secondary School, Singampettai,bhavani, Erode11.The HeadmasterGovernment Higher Secondary School, Pasur, Erode District.12.The Head Master,Government Higher Secondary School, Singampettai, Erode District13.The Head MasterGovernment High School, Muthampalayam, Villupuram District.14.The Head Master,Government High School, Vengur, Thirukovilur Krishnagiri District.15.. The Head Master,Government Higher Secondary School, Eriyur, Dharmapuri District .16.The Head Master,Government Higher Secondary School, Santhaithanampatti,mettur Taluk, Salem .17.The Head Master,Kandasamy Kandar Matriculation School, Velur,namakkal District.18.The Head Master,Government Girls Higher Secondary School, Kabilarmalai Road, Paramathi, Namakkal District19.The Headmaster,Government Girls Higher Secondary School, Paramathi, Namakkal District.20.The Headmaster,Government Higher Secondary School, Gerigeppalli, Krishnagiri Page No.11 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019District.21.The Headmaster,Ramanathan Chettiar Higher Secondary School, Nachattupatti , Pudukkottai District.22.The Headmaster,Government Higher Secondary School, Kalupulikkadu , Thanjavur District23.The HeadmasterGovernment High School, Mulloor, Pudukkottai District.24.The Headmaster,Panchayat Union Middle School, Kaikurichi, Pudukkottai District25.The Headmaster,Government High School, Mulloor, Pudukkottai District.26.The Headmaster,Government Boys Higher Secondary School, Keeramangalam, Pudukkottai District.27.The Headmaster,Government Higher Secondary School, Keeramangalam, Pudukkottai District.28..The HeadmasterGovernment Higher Secondary School, Kotthakottai, Alangudi Taluk. Pudukkottai District29.The HeadmasterM.ct.ramanathan Chettiar Higher Page No.12 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019Secondary School, Kulliparai, Pudukkottai District.30.The HeadmasterGovernment Girls Higher Secondary School, Kulithalai, Karur District.31.The HeadmasterKabilarmalai Government Higher Secondary School, Namakkal District.32.The HeadmasterGovernment Higher Secondary School, Dindigul District.33.The HeadmasterGovernment Higher Secondary School, Kambiliyampatti, Dindigul District34.The Registrar,Vinayaka Missions University, Salem 636 308.35.The Secretary,University Grants Commission, New Delhi.Page No.13 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019R.N.MANJULA , J. gskW.P.No.25066 of 2019 andW.M.P.No.24641 of 2019 30.04.2025Page No.14 of 14https://www.mhc.tn.gov.in/judis

W.P.No.25066 of 201934.The Registrar,Vinayaka Missions University, Salem 636 308.35.The Secretary,University Grants Commission, New Delhi. ... RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the respondents 1 to 33 from initiating any action to recover the payment of incentive increments paid to the petitioners for having qualified MPhil., Degree granted by the 34th respondent and Consequently direct the respondents 1 to 33 to continue to pay the incentive Increment to the petitioners. For Petitioners : Mr.N.Umapathi For Respondents : Mrs.P.Rajarajeswari, GA ORDERThis Writ Petition has been filed to forbear the respondents 1 to 33 from initiating any action to recover the payment of incentive increments paid to the petitioners for having qualified MPhil., Degree granted by the 34th respondent and Consequently direct the respondents 1 to 33 to continue to pay the incentive Increment to the petitioners.Page No.6 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 20192. Heard Mr.N.Umapathi, learned counsel for the petitioners, Mrs.P.Rajarajeswari, learned Government Advocate for the respondents and perused the materials available on record. 3. The petitioners were appointed as B.T.Assistant for having completed M.Phil degree from the Vinayaka Missions University at Salem. Based on the application submitted by the petitioners, incentive increment was granted for acquiring M.Phil degree. Subsequently, an audit objection has been raised stating that M.Phil degree obtained from the Vinayaka Mission University is not a valid degree as per the University Grants Commission Act and Regulations. On the basis of the same, the respondents 1 to 33 are attempting to recover the incentive increment already granted to the petitioners. Hence, the petitioners have filed this Writ Petition. 4. The learned counsel for the petitioners submitted that the similarly placed persons have already filed W.P.Nos.42675 to 42687 and 42689 of 2016 and in which, an order has been passed upholding the Page No.7 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019cancellation of incentive increment sanctioned to the petitioners therein who have obtained M.Phil degree from Vinayaka Missions University. However, the aggrieved petitioners have challenged the same by way of filing a batch of Writ Appeals in W.A.Nos.2328 of 2018 etc., batch and in which, a judgment has been passed on 04.08.2023 to the following effect:“ 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 studied in the Vinayaka Mission's University during the relevant point of time i.e., 2007 to 2009 since had acquired the qualification during the period which the University also enjoyed the approval or recognition from the DEC, IGNO, the said objection raised by the audit Department would not be sustained. Therefore, on that ground, the incentive increment already allowed to these teachers need not be disturbed. If the increment already been allowed to these teachers have been cancelled or stopped by virtue of the order, which is Page No.8 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019impugned herein, the same shall be restored and the arrears to that effect shall be calculated and be paid to the teachers / appellants. To that extent, all these Writ Appeals are allowed. No costs. Connected miscellaneous petitions are closed.”5. As the petitioners are also similarly placed as that of the petitioners in the above Writ Appeals, the respondents 1 to 33 shall consider the petitioners' representation, if they come within the limit stated in the above order with regard to the degree obtained from the Vinayaka Missions University. However, it is upto the petitioners to give representation to the respective respondent. 6. In the result, this Writ Petition is disposed and the petitioners are at liberty to give a representation to the respondent concerned within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the appropriate respondent shall consider the same in the light of the above observations and pass orders in this regard within a period of four weeks thereafter. No costs. Consequently, connected Page No.9 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019miscellaneous petition is closed. Index: Yes /No 30.04.2025Speaking / Non-speakingNeutral Citation : Yes / NogskTo1. The Regional Accounts Officer,(Audit), Department of School Education, Coimbatore 641 001.2.The Director,Directorate Of School Education, Chennai 600 006.3.The District Educational Officer,Salem, Salem District4.. The District Educational Officer,Villupuram, Villupuram District5.The District Educational OfficerDharmapuri, Dharmapuri District6.The District Educational Officer,Pudukkottai, Pudukkottai District7.The District Educational Officer,Trichy, Trichy District8. The District Educational Officer,Namakkal, Namakkal District9.The District Educational Officer,Dindigul, Dindigul District10.The Headmaster,Page No.10 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019Government Higher Secondary School, Singampettai,bhavani, Erode11.The HeadmasterGovernment Higher Secondary School, Pasur, Erode District.12.The Head Master,Government Higher Secondary School, Singampettai, Erode District13.The Head MasterGovernment High School, Muthampalayam, Villupuram District.14.The Head Master,Government High School, Vengur, Thirukovilur Krishnagiri District.15.. The Head Master,Government Higher Secondary School, Eriyur, Dharmapuri District .16.The Head Master,Government Higher Secondary School, Santhaithanampatti,mettur Taluk, Salem .17.The Head Master,Kandasamy Kandar Matriculation School, Velur,namakkal District.18.The Head Master,Government Girls Higher Secondary School, Kabilarmalai Road, Paramathi, Namakkal District19.The Headmaster,Government Girls Higher Secondary School, Paramathi, Namakkal District.20.The Headmaster,Government Higher Secondary School, Gerigeppalli, Krishnagiri Page No.11 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019District.21.The Headmaster,Ramanathan Chettiar Higher Secondary School, Nachattupatti , Pudukkottai District.22.The Headmaster,Government Higher Secondary School, Kalupulikkadu , Thanjavur District23.The HeadmasterGovernment High School, Mulloor, Pudukkottai District.24.The Headmaster,Panchayat Union Middle School, Kaikurichi, Pudukkottai District25.The Headmaster,Government High School, Mulloor, Pudukkottai District.26.The Headmaster,Government Boys Higher Secondary School, Keeramangalam, Pudukkottai District.27.The Headmaster,Government Higher Secondary School, Keeramangalam, Pudukkottai District.28..The HeadmasterGovernment Higher Secondary School, Kotthakottai, Alangudi Taluk. Pudukkottai District29.The HeadmasterM.ct.ramanathan Chettiar Higher Page No.12 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019Secondary School, Kulliparai, Pudukkottai District.30.The HeadmasterGovernment Girls Higher Secondary School, Kulithalai, Karur District.31.The HeadmasterKabilarmalai Government Higher Secondary School, Namakkal District.32.The HeadmasterGovernment Higher Secondary School, Dindigul District.33.The HeadmasterGovernment Higher Secondary School, Kambiliyampatti, Dindigul District34.The Registrar,Vinayaka Missions University, Salem 636 308.35.The Secretary,University Grants Commission, New Delhi.Page No.13 of 14https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P.No.25066 of 2019R.N.MANJULA , J. gskW.P.No.25066 of 2019 andW.M.P.No.24641 of 2019 30.04.2025Page No.14 of 14https://www.mhc.tn.gov.in/judis