Madras High Court
R.Srinivasan vs The Government Of Tamil Nadu on 7 December, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.28864 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.28864 of 2023
R.Srinivasan ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Represented by Secretary to Government,
School Education Department,
Fort St.George, Chennai-09.
2.The Director of School Education,
College Road, Chennai-6.
3.The Regional Accounts Officer,
Office of the Regional Accounts Office (Audit),
School Education Department, Madurai-625 002.
4.The District Educational Officer,
Tenkasi.
5.The Secretary,
Sri Paramakalyani Higher Secondary School,
Alwarkurichi, Tenkasi District-627 412.
6.The Assistant Controller of Examinations,
Vinayaga Missions University,
Salem. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.28864 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, direct the respondents to
refund the withheld incentive increment of Rs.1,27,016/- and continue to pay
the incentive increment for the petitioner's M.Phil., degree as per
representation, dated 30.10.2023 within the time limit stipulated by this Court.
For Petitioner : Mr.R.Saravanan
For R1 to R4 : Mr.V.Om Prakash
Government Advocate
ORDER
The present Writ Petition has been filed by a Vocational Teacher seeking
a Mandamus as against the respondent authority to refund the incentive
increment which was wrongly recovered from the petitioner and consequently
seeking a direction to continue to pay the incentive increment.
2. According to the learned counsel appearing for the writ petitioner, the
petitioner had passed M.Phil., Degree in Commerce in the year 2009. Based
upon the said higher qualification, incentive increment was conferred upon the
writ petitioner from 18.08.2010.
https://www.mhc.tn.gov.in/judis
3. In the year 2016, audit objection was raised that M.Phil., Degree
obtained from the 6th respondent University which is unapproved and not
recognized and therefore, the petitioner was directed to refund the entire
incentive increment. Accordingly, the petitioner refunded the entire incentive
increment in 20 equal installments. Thereafter, the petitioner has sent a
representation to the respondents on 30.10.2023 pointing out that the Hon'ble
Division Bench order of this Court in W.A.Nos.2328 of 2018 etc., dated
04.08.2023, (Mr.S.Sivan Vs. The Regional Accounts Officer, (Audit)
Department of School Education, Coimbatore and others), to the effect that
M.Phil Degree conferred by the 6th respondent University for the academic year
2007 – 2008 and 2008 – 2009 have been approved by the UGC. The said
representation has not been considered. Hence, the present writ petition has
been filed.
4. The learned Counsel appearing for the writ petitioner brought to the
notice of the Court, the judgment of the Hon'ble Division Bench of this Court,
in a batch of writ appeals in W.A.Nos.2328 of 2018 etc., dated 04.08.2023,
(Mr.S.Sivan Vs. The Regional Accounts Officer, (Audit) Department of
https://www.mhc.tn.gov.in/judis
School Education, Coimbatore and others), wherein, Paragraph No.24 of the
Hon'ble Division Bench of this Court is pleased to point out that between 2007
to 2012, Vinayaka Mission University was given institution wise recognition
by the UGC and therefore, the Teachers, who had joined the Course either in
the year 2007 or in the year 2008 and completed either in the year 2008 or in
the year 2009, have been granted a valid Degree.
5. In view of the above said facts of the present case, the judgment of the
Hon'ble Division Bench of this Court is squarely applicable to the facts of the
present case in view of the fact that the petitioner had passed out in the year
2009.
6. In view of the above said deliberations, the respondents 1 to 4 herein
are directed to refund the already recovered incentive increments and continue
to pay the incentive increment to the writ petitioner. The said exercise shall be
completed within a period of twelve (12) weeks from the date of receipt of a
copy of this order.
https://www.mhc.tn.gov.in/judis
7. With the above said observations, this Writ Petition stands allowed.
No costs.
07.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
gbg
To
1.The Secretary to Government,
The Government of Tamil Nadu,
School Education Department,
Fort St.George, Chennai-09.
2.The Director of School Education,
College Road, Chennai-6.
3.The Regional Accounts Officer,
Office of the Regional Accounts Office (Audit),
School Education Department, Madurai-625 002.
4.The District Educational Officer,
Tenkasi.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
gbg
07.12.2023
https://www.mhc.tn.gov.in/judis
