The Principal Accountant General vs R.Umamaheswari
2023 Latest Caselaw 7856 Mad

                                                                                  Writ Appeal No.910 of 2015


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated: 07.07.2023

                                                        CORAM

                               THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
                                                 AND
                              THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

                                            Writ Appeal No.910 of 2015


                     1.The Principal Accountant General,
                       Office of the Accountant General (A&E),
                       No.361, Anna Salai, Teynampet,
                       Chennai – 600 018.

                     2.The Chief Educational Officer,
                       Kancheepuram District,
                       Kancheepuram.

                     3.The District Educational Officer,
                       Kancheepuram, Kancheepuram District.

                     4.The Headmaster,
                       Maraimalai Adigal Government Higher
                                 Secondary School,
                       Pallavaram, Chennai – 600 043.            ... Appellants

                                                         Vs

                     R.Umamaheswari                       ... Respondent




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                                                                                     Writ Appeal No.910 of 2015


                     PRAYER: Writ Appeal filed under Clause 15 of Letter Patent against the
                     order dated 12.09.2014 made in W.P.No.24745 of 2014.

                                        For Appellants     : Mr.K.V.Sanjeev Kumar Spl.G.P

                                        For Respondent     : No Appearance



                                                          JUDGMENT

(Order of the Court was made by Mr.K.KUMARESH BABU.,J.)

This Writ Appeal had been preferred by the Government chal-

lenging the order passed by the learned Single Judge by allowing the third

incentive increment to the respondent. The said issue had been settled by

the Full Bench of this Court in W.A.Nos.3674 of 2019 etc., batch, dated

29.04.2022. This Court also, following the said Full Bench judgment, had

held that any teacher during the entire period of their tenure would be

entitled only to two sets of incentive increments.

2.In the present case, the respondent herein had already been paid two

incentive increments as per Government Order in G.O.(2D) No.15, dated

28.03.2023. By the order impugned in the Writ Petition, the learned Single

Judge of this Court had directed third incentive increment to the re-

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https://www.mhc.tn.gov.in/judis Writ Appeal No.910 of 2015

spondent herein. This would be in contrary to the law laid by the Full

Bench of this Court stated supra.

3.In such view of the matter, the Writ Appeal is allowed and im-

pugned order is set aside. However, there shall be no order as to costs.

                                                                         (R.S.K.,J.)             (K.B., J.)
                                                                              07.07.2023
                     Index: Yes/No

Speaking Order/Non Speaking Order Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis Writ Appeal No.910 of 2015

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

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Writ Appeal No.910 of 2015

07.07.2023

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