Madras High Court
The State Of Tamil Nadu vs A.Dhanalakshmi on 23 August, 2023
W.A.(MD) No.1352 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1352 of 2023
and
C.M.P.(MD)No.10262 of 2023
1.The State of Tamil Nadu,
Rep. by its Secretary to the Government,
School Education Department,
Fort. St. George, Chennai-600 009.
2.The Director of Elementary Education,
DPI Campus, College Road,
Chennai-600 006.
3.The District Educational Officer,
Thanjavur District, Thanjavur.
4.The Block Development Officer,
Peravurani, Pattukottai Taluk,
Thanjavur District. : Appellants/Respondents
-vs-
A.Dhanalakshmi : Respondent/Writ Petitioner
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 23.09.2022 made in W.P.(MD)No.3067 of 2022 on the
file of this Court.
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W.A.(MD) No.1352 of 2023
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent : Mr.V.R.Shanumuganathan
JUDGMENT
[Judgment of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]
This Writ Appeal is directed against the order of the learned Single
Judge, dated 23.09.2022 made in W.P.(MD)No.3067 of 2022. In the said
writ petition, the order passed by the Block Educational Officer, dated
21.12.2021, cancelling the incentive increment granted to the
respondent and ordering recovery was challenged. The writ petitioner
was promoted as Middle School Headmaster on 02.06.2009 from the
post of B.T. Assistant (Tamil). She thereafter, obtained permission and
acquired B.Ed., degree in the year 2011, for which, she applied for
incentive increment, which was also granted. By the impugned order,
the said incentive increment was cancelled, because, the post of
Headmaster Middle School itself was B.Ed Grade and B.Ed., being the
essential qualification, no incentive increment can be granted. The
learned Single Judge agreed with the appellants/respondents on the
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W.A.(MD) No.1352 of 2023
said issue and refused the relief of the petitioner, but however quashed
the order inasmuch as it ordered the recovery of the amount already
paid. Aggrieved by the portion of the order disallowing the recovery, the
respondents are on appeal before this Court.
2. We have heard Mr.D.Sadiq Raja, the learned Additional Government
Pleader appearing on behalf of the appellants and Mr.V.R.Shanumuganathan,
the learned counsel appearing on behalf of the respondent and perused the
material records of the case.
3. It can be seen that the incentive increment was granted by the
appellants/respondents by mistake whether to consider the subsequent
acquisition of the qualification namely, B.Ed., degree as a higher
qualification as already she was a B.T. Assistant (Tamil) and was
promoted to the post of Middle School Headmaster. In that view of the
matter, subsequently in view of the interpretation made in other cases,
when the Block Educational Officer comes to the conclusion that the
amount has been erroneously paid, the case squarely falls on more than
one count with reference to impermissibility of recoveries as indicated
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W.A.(MD) No.1352 of 2023
by the Hon'ble Supreme Court of India in Rafiq Masih case1 and
therefore, there is absolutely no merit in this writ appeal and is
accordingly dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
23.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
1 (2014) 8 SCC 883
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1352 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.A.(MD) No.1352 of 2023
and
C.M.P.(MD)No.10262 of 2023
23.08.2023
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https://www.mhc.tn.gov.in/judis
