Petitioner(s) vs School Education Department, Fort St.

ORDER The Writ Petition has been filed to quash the order of the fifth respondent dated 28.08.2018 and consequently direct respondents Nos.2 to 5 to disburse the petitioners salary along with incentive increment for completion of higher qualification without any recovery of the incentive increment paid to the petitioner. WP No. 28498 of 2018

2. The petitioner was appointed as a Junior Grade Physical Education Director on 10.09.2004. He has secured M.Phil degree in the year 2008. The fourth respondent vide his proceedings dated 03.09.2013, has allowed an incentive increment for the higher qualification to the petitioner. In view of the audit objection raised by the fifth respondent on 28.08.2018 the incentive already allowed to the petitioner has been cancelled with a demand to refund the incentive increment so far availed by the petitioner.

3. Mr.T.Sundaravadanam, the learned counsel for the petitioner, submitted that as per G.O.Ms.177, School Education Department, dated 13.10.2016 the petitioner is entitled to an incentive increment from the date of acquiring the qualification and not from the date of issuance of the Government Order. In the impugned order it has been stated that the incentive has to be given only from the date of issuance of the Government Order and not from the date of acquiring the qualification. The learned counsel for the petitioner submitted that as per Clause 3 of the above Government Order, persons who are already getting one increment in view of the higher qualification is entitled to get an another incentive increment from the date of the Government Order. It is further submitted that the respondent has misconstrued the said Government Order in view of the audit objection raised by presuming that the Government order is applicable from the date of issuance of the order and issued an order to refund one increment alone prior to the issuance of G.O.Ms.177, School Education Department, dated 13.10.2016. WP No. 28498 of 2018

4. The petitioner is found to be qualified to get first increment as per the orders issued in G.O.Ms.No.324 Education, Science & Technology Dept., dated

20.12.1993. The entitlement of additional one increment alone has to be sanctioned from the date of issuance of G.O.Ms.177, School Education Department, dated 13.10.2016 and it cannot be presumed that the petitioner is entitled even to the first increment from the date of issuance of the said Government Order. In this regard it is appropriate to refer the earlier judgment rendered by this Court in similar such case in W.P.(MD) No.14861/2018 dated

02.02.2023. In the said judgment it has been held as under: “ 7. The learned Government Advocate appearing for the respondent submitted that in G.O.Ms.177, School Education Department, dated 13.10.2016, it has been categorically stated that the employees would be getting a second incentive increment from the date of the issuance of the G.O.Ms.No.177, School Education, dated 13.10.2016. However, the learned counsel for the petitioner submitted that it says that the second incentive increment would be eligible from the date of issuance of order and not for the first incentive increment, since the petitioner is claiming the first incentive increment for M.Phil., degree, the said G.O. Is not applicable and only G.O.Ms.No.324. Dated 25.04.1995 is applicable. Therefore, this Court is of the considered opinion that the petitioner is eligible as per G.O.Ms.No.324 dated 25.04.1995.” WP No. 28498 of 2018

5. The respondent has raised similar objection by filing a Writ Appeal in W.A.No.2084/2024. In the said judgment the Division Bench has held that the petitioners who have already availed the benefit of G.O.Ms.No.324 dated

25.04.1995 cannot be asked to refund the same by wrongly construing the contents of the subsequent G.O.Ms.177, School Education Department, dated

13.10.2016 and the writ appeal has been dismissed.

6. In view of the above findings already rendered and has been followed in so many cases of similarly placed persons, I feel the impugned recovery order issued by the fifth respondent is illegal and the impugned order is liable to be quashed.

7. In the result, the Writ Petition is allowed and the impugned order passed by the fifth respondent dated 28.08.2018 is hereby quashed and the respondents Nos.2 to 5 are directed to disburse the petitioner's salary along with incentive increment for completion of higher qualification without any recovery of the incentive increment paid to the petitioner. 08-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No WP No. 28498 of 2018 WP No. 28498 of 2018 WP No. 28498 of 2018 To

1.The Secretary to Government School Education Department, Fort St. George, Chennai - 600009Chennai

2.The Director of School Education DPI Buildings, College Road, Chennai - 600006

3.The Chief Education Officer Panagal Maligai, Saidapet, Chennai - 600015

4.The District Education Officer Chennai North District, Govt. Girls Higher Secondary School, Villivakkam, Chennai - 600049

5.The Head Master Dharmamurthi Rao Bahadur Calavala, Cunnan Chettys Higher Secondary School, Perambur, Chennai - 600011 WP No. 28498 of 2018 R.N.MANJULA J. WP No. 28498 of 2018 08-04-2025

ORDER The Writ Petition has been filed to quash the order of the fifth respondent dated 28.08.2018 and consequently direct respondents Nos.2 to 5 to disburse the petitioners salary along with incentive increment for completion of higher qualification without any recovery of the incentive increment paid to the petitioner. WP No. 28498 of 2018

2. The petitioner was appointed as a Junior Grade Physical Education Director on 10.09.2004. He has secured M.Phil degree in the year 2008. The fourth respondent vide his proceedings dated 03.09.2013, has allowed an incentive increment for the higher qualification to the petitioner. In view of the audit objection raised by the fifth respondent on 28.08.2018 the incentive already allowed to the petitioner has been cancelled with a demand to refund the incentive increment so far availed by the petitioner.

3. Mr.T.Sundaravadanam, the learned counsel for the petitioner, submitted that as per G.O.Ms.177, School Education Department, dated 13.10.2016 the petitioner is entitled to an incentive increment from the date of acquiring the qualification and not from the date of issuance of the Government Order. In the impugned order it has been stated that the incentive has to be given only from the date of issuance of the Government Order and not from the date of acquiring the qualification. The learned counsel for the petitioner submitted that as per Clause 3 of the above Government Order, persons who are already getting one increment in view of the higher qualification is entitled to get an another incentive increment from the date of the Government Order. It is further submitted that the respondent has misconstrued the said Government Order in view of the audit objection raised by presuming that the Government order is applicable from the date of issuance of the order and issued an order to refund one increment alone prior to the issuance of G.O.Ms.177, School Education Department, dated 13.10.2016. WP No. 28498 of 2018

4. The petitioner is found to be qualified to get first increment as per the orders issued in G.O.Ms.No.324 Education, Science & Technology Dept., dated

20.12.1993. The entitlement of additional one increment alone has to be sanctioned from the date of issuance of G.O.Ms.177, School Education Department, dated 13.10.2016 and it cannot be presumed that the petitioner is entitled even to the first increment from the date of issuance of the said Government Order. In this regard it is appropriate to refer the earlier judgment rendered by this Court in similar such case in W.P.(MD) No.14861/2018 dated

02.02.2023. In the said judgment it has been held as under: “ 7. The learned Government Advocate appearing for the respondent submitted that in G.O.Ms.177, School Education Department, dated 13.10.2016, it has been categorically stated that the employees would be getting a second incentive increment from the date of the issuance of the G.O.Ms.No.177, School Education, dated 13.10.2016. However, the learned counsel for the petitioner submitted that it says that the second incentive increment would be eligible from the date of issuance of order and not for the first incentive increment, since the petitioner is claiming the first incentive increment for M.Phil., degree, the said G.O. Is not applicable and only G.O.Ms.No.324. Dated 25.04.1995 is applicable. Therefore, this Court is of the considered opinion that the petitioner is eligible as per G.O.Ms.No.324 dated 25.04.1995.” WP No. 28498 of 2018

5. The respondent has raised similar objection by filing a Writ Appeal in W.A.No.2084/2024. In the said judgment the Division Bench has held that the petitioners who have already availed the benefit of G.O.Ms.No.324 dated

25.04.1995 cannot be asked to refund the same by wrongly construing the contents of the subsequent G.O.Ms.177, School Education Department, dated

13.10.2016 and the writ appeal has been dismissed.

6. In view of the above findings already rendered and has been followed in so many cases of similarly placed persons, I feel the impugned recovery order issued by the fifth respondent is illegal and the impugned order is liable to be quashed.

7. In the result, the Writ Petition is allowed and the impugned order passed by the fifth respondent dated 28.08.2018 is hereby quashed and the respondents Nos.2 to 5 are directed to disburse the petitioner's salary along with incentive increment for completion of higher qualification without any recovery of the incentive increment paid to the petitioner. 08-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No WP No. 28498 of 2018 WP No. 28498 of 2018 WP No. 28498 of 2018 To

1.The Secretary to Government School Education Department, Fort St. George, Chennai - 600009Chennai

2.The Director of School Education DPI Buildings, College Road, Chennai - 600006

3.The Chief Education Officer Panagal Maligai, Saidapet, Chennai - 600015

4.The District Education Officer Chennai North District, Govt. Girls Higher Secondary School, Villivakkam, Chennai - 600049

5.The Head Master Dharmamurthi Rao Bahadur Calavala, Cunnan Chettys Higher Secondary School, Perambur, Chennai - 600011 WP No. 28498 of 2018 R.N.MANJULA J. WP No. 28498 of 2018 08-04-2025