Madras High Court
A.Nagajothi vs The State Represented By Its on 16 October, 2023
W.P.(MD).No.19670 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.19670 of 2023
and
W.M.P(MD)Nos.16250 & 16253 of 2023
A.Nagajothi ... Petitioner
Vs.
1.The State represented by its
The Secretary to Government,
Fort St. George,
Chennai-9.
2.The State represented by its
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 State represented by its
The Chief Education Officer,
Dindigul Educational District,
Dindigul.
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W.P.(MD).No.19670 of 2023
5.The Head Master,
Government Higher Secondary School,
Athoor-624 701,
Dindigul District.
6.The Assistant Controller of Examinations,
Vinayaka Missions University,
Salem. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records pertaining to communication issued by the fifth respondent in letter
No.Na.Ka.No.55/23, dated 24.07.2023 to stop the incentive increment and
recover the amount already paid as incentive increment for the degree
possessed by petitioner for M.Phil., degree granted by the sixth respondent and
quash the same as illegal and arbitrary and consequently direct the respondents
to continue to pay the incentive increment to the petitioner.
For Petitioner : Mr.V.Muthumani
For R-1 to R-5 : Mr.V.Om Prakash
Government Advocate
For R-6 : Mr.S.Anwar Sameem
ORDER
The present writ petition has been filed challenging the show cause
notice issued by the fifth respondent herein on 24.07.2023 calling for an
explanation why the incentive increment granted to the writ petitioner on the
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W.P.(MD).No.19670 of 2023
basis of her obtaining M.Phil., degree from the sixth respondent herein should
not be recalled.
2. According to the writ petitioner, she joined as a B.T Assistant on
16.09.2005 at Government High School, Mettuthirukampuliyur, Karur District
and her services were regularised on 01.06.2006. At the time of joining service,
the petitioner had completed M.Sc., (Geography) and B.Ed., (Geography)
degree. She completed M.Phil., (Geography) in February, 2011 from the sixth
respondent University. Based upon her higher qualifications, an incentive
increment was granted to her. Now, the present impugned show cause notice
has been issued on the ground that the said M.Phil., degree obtained through
distance education is not valid in the eye of law and why the said incentive
increment should not be recalled and recovered from the writ petitioner.
3. The petitioner had brought to the notice of the Court, a judgment of the
Hon'ble Division Bench of this Court in a batch of writ appeals in W.A.Nos.
2328 of 2018 etc., (S.Sivan Vs. The Regional Accounts Officer and Others)
dated 04.08.2023, wherein this Court in paragraph No.24 had pointed out that
for the period between 2007 and 2012, the University Grants Commission has
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W.P.(MD).No.19670 of 2023
granted recognition to the sixth respondent University for conducting M.Phil.,
courses through distance education. Based upon the said fact, the Hon'ble
Division Bench of this Court was pleased to allow the writ appeals filed by the
concerned Teachers and directed the authorities to confer with the incentive
increment.
4. Per contra, the learned Government Advocate appearing for the
official respondents pointed out that under G.O(Ms)No.91, Higher Education
(K2) Department, dated 03.04.2009, a direction has been issued by the Higher
Education Department that, M.Phil / Ph.D courses should not be offered
through distance education from the academic year 2007 - 2008 and they
should be offered only in the regular stream. Therefore, in view of the said
Government order, the show cause notice is sustainable.
5. Heard the submissions made on either side and perused the materials
available on record.
6. There is no dispute that the petitioner had joined M.Phil course in the
year 2008 and completed the same in the year 2011 in the sixth respondent
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W.P.(MD).No.19670 of 2023
University through distance education. The Hon'ble Division Bench of this
Court in W.A.Nos.2328 of 2018, dated 04.08.2023 had an occasion to consider
G.O(Ms)No.91, dated 03.04.2009. In paragraph Nos.33 and 34 of the said
judgment, the Hon'ble Division Bench of this Court has held that the bar under
G.O(Ms)No.91 will apply only for the entry level post and it would not be a bar
for conferment of incentive increment.
7. In view of the above said facts, the impugned show cause notice is not
legally sustainable and the same is liable to be set aside. The incentive
increment already granted to the writ petitioner shall be continued.
8. With the above said observation, this writ petition stands allowed.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petitions stand closed.
16.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
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W.P.(MD).No.19670 of 2023
To
1.The Secretary to Government,
Fort St. George,
Chennai-9.
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 Chief Education Officer,
Dindigul Educational District,
Dindigul.
5.The Head Master,
Government Higher Secondary School,
Athoor-624 701,
Dindigul District.
6.The Assistant Controller of Examinations,
Vinayaka Missions University,
Salem.
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W.P.(MD).No.19670 of 2023
R.VIJAYAKUMAR, J.
BTR
W.P.(MD).No.19670 of 2023
16.10.2023
https://www.mhc.tn.gov.in/judis
