Madras High Court
K.Ashok Kumar vs The Regional Accounts Officer (Audit) on 28 November, 2023
W.P.No.16591 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.16591 of 2020 and
W.M.P.Nos.20575 & 20576 of 2020
1.K.Ashok Kumar
2.K.Mangammal
3.S.Tamilarasan
4.R.Swaminathan ... Petitioners
Vs.
1.The Regional Accounts Officer (Audit),
Department of School Education,
Coimbatore.
2.The Regional Accounts Officer (Audit),
Department of School Education,
Madurai.
3.The Director,
Directorate of School Education,
Chennai 600 006.
4.The District Educational Officer,
Dharmapuri, Dharmapuri District.
5.The District Educational Officer,
Salem, Salem District.
6.The District Educational Officer,
Theni, Theni District.
Page No.1 of 8
https://www.mhc.tn.gov.in/judis
W.P.No.16591 of 2020
7.The District Educational Officer,
Tiruvarur, Tiruvarur District.
8.The Headmaster,
Government High School,
Kottaiyoor, Pennagaram Taluk,
Dharmapuri District.
9.The Head Master,
Government Higher Secondary School,
Singipuram Post,
Vazhapadi Taluk, Salem District.
10.The Headmaster,
Government Higher Secondary School,
Eriyur, Pennagaram Taluk,
Dharmapuri District.
11.The Head Master,
Government Higher Secondary School,
Kuchanur, Theni District.
12.The Head Master,
A.R.R.Municipal Higher Secondary School,
Kumbakonam, Thanjavur District.
13.The Registrar,
Vinayaka Missions University,
Salem 636 308.
14.The Secretary,
University Grants Commission,
New Delhi.
... Respondents
Page No.2 of 8
https://www.mhc.tn.gov.in/judis
W.P.No.16591 of 2020
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to forbear the respondents 1 to 12
from initiating any action to recover the payment of incentive increments
paid to the petitioners for having qualified M.Phil., Degree granted by
the 13th respondent and consequently, direct the respondents 1 to 12 to
continue to pay the incentive increment to the petitioners.
For Petitioners : Mr.N.Umapathi
For Respondents : Mr.T.Arunkumar, AGP for RR1 to 13
No appearance for R14
ORDER
This Writ Petition has been filed seeking issuance of a Writ of
Mandamus, to forbear the respondents 1 to 12 from initiating any action
to recover the payment of incentive increments paid to the petitioners for
having qualified M.Phil., Degree granted by the 13th respondent and
consequently, direct the respondents 1 to 12 to continue to pay the
incentive increment to the petitioners.
2. A similarly placed yet another petitioner by name S.Sivan and
others have filed various writ petitions in W.P.No.42675 to 42687 and
42689 of 2016. By virtue of a common order dated 06.09.2018 this Court
https://www.mhc.tn.gov.in/judis
has upheld the cancellation of incentive increment sanctioned to the
petitioners who have obtained M.Phil from Vinayaga Mission deemed
University, Salem. However the aggrieved petitioners have challenged
the same by way of filing a batch of writ appeals in W.A.Nos.2328 of
2018 and batch dated 04.08.2023 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 impugned
https://www.mhc.tn.gov.in/judis
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.”
3. Since these petitioners are also similarly placed, the benefit of
the above order can be extended to the petitioners also.
4. Accordingly, this Writ Petition is disposed in view of the
judgment passed in W.A.Nos.2328 of 2018 and batch dated 04.08.2023.
No costs. Consequently, connected miscellaneous petitions are closed.
28.11.2023
Index : Yes
Internet : Yes/No
gsk
https://www.mhc.tn.gov.in/judis
To
1.The Regional Accounts Officer (Audit),
Department of School Education,
Coimbatore.
2.The Regional Accounts Officer (Audit),
Department of School Education,
Madurai.
3.The Director,
Directorate of School Education,
Chennai 600 006.
4.The District Educational Officer,
Dharmapuri, Dharmapuri District.
5.The District Educational Officer,
Salem, Salem District.
6.The District Educational Officer,
Theni, Theni District.
7.The District Educational Officer,
Tiruvarur, Tiruvarur District.
8.The Headmaster,
Government High School,
Kottaiyoor, Pennagaram Taluk,
Dharmapuri District.
9.The Head Master,
Government Higher Secondary School,
Singipuram Post,
Vazhapadi Taluk, Salem District.
https://www.mhc.tn.gov.in/judis
10.The Headmaster,
Government Higher Secondary School,
Eriyur, Pennagaram Taluk,
Dharmapuri District.
11.The Head Master,
Government Higher Secondary School,
Kuchanur, Theni District.
12.The Head Master,
A.R.R.Municipal Higher Secondary School,
Kumbakonam, Thanjavur District.
13.The Registrar,
Vinayaka Missions University,
Salem 636 308.
14.The Secretary,
University Grants Commission,
New Delhi.
https://www.mhc.tn.gov.in/judis
R.N.MANJULA, J.
gsk
W.P.No.16591 of 2020 and
W.M.P.Nos.20575 & 20576 of 2020
28.11.2023
https://www.mhc.tn.gov.in/judis
