Madras High Court
No.20-C-6 vs The State Represented By on 20 October, 2023
W.P.(MD).No.25562 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.25562 of 2022
and
W.M.P(MD) Nos.19648 and 23253 of 2022
Rajathilagam
D/o. Dharmaraj
District Inspector of Physical Education- Incharge,
Physical Director Grade -I,
Government Higher Secondary School Nilakkottai,
Dindigul District.
Now residing at
No.20-C-6-10,
Sowbackiya Nagar,
Madurai Road,
Batlagundu – 624 202,
Dindigul District. ... Petitioner
Vs.
1. The State Represented by
The Secretary to the Government,
School Education Department,
Fort St. George,
Chennai – 600 009.
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W.P.(MD).No.25562 of 2022
2. The Director,
School Education Department,
DPI Complex,
College Road,
Nungambakkam,
Chennai.
3. The Regional Accounts Officer, (Audit),
School Education Department,
Madurai Region,
Madurai.
4. The Chief Educational Officer,
Dindigul District,
Dindigul.
5. The Head Master,
Government High School,
Nilakkottai,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order passed by the third respondent in
Na.Ka.No.3703/A9/2019, dated 07.01.2020 and consequential impugned
order of recovery passed by the fifth respondent in Na.Ka.No.37/2022, dated
14.10.2022 and quash the same as illegal and arbitrary and consequently
direct the respondents to continue to pay the incentive increment for the
petitioner's M.Phil., Degree and for other reliefs.
For Petitioner : Mr.J.Lawrance
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W.P.(MD).No.25562 of 2022
For Respondents : Mr.V.Omprakash
Government Advocate
ORDER
The present Writ Petition has been filed by the petitioner challenging
the order passed by the fifth respondent herein on 14.10.2022, wherein, the
petitioner has been directed to clear the audit objection due to the conferment
of incentive increment.
2. According to the learned counsel appearing for the writ petitioner,
the petitioner was appointed as Physical Education Teacher Grade-I in the
year 2008. The petitioner had joined M.Phil, (Physical Education Course) in
Vinayaga Mission University, Salem (Deemed University) through Distance
Education in the year 2007 and obtained M.Phil Degree in the year 2009.
Based upon the said higher qualification, the incentive increment was
conferred upon the writ petitioner in December 2009.
3. Under the impugned order, the incentive increment that was granted
to the writ petitioner in December 2009 was sought to be recovered on the
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W.P.(MD).No.25562 of 2022
ground that M.Phil Degree was granted by Vinayaka Mission University
through Distance Education has not been approved by the Government and
therefore, on the said Degree, the incentive increment ought not to have been
granted to the writ petitioner in December 2009.
4. The learned counsel appearing for the writ petitioner brought to the
notice of this Court the judgment of the Hon'ble Division Bench of our High
Court, in batch of writ appeals in W.A.Nos.2328 of 2018 and etc., batch
dated 04.08.2023, (Mr.S.Sivan Vs. The Regional Accounts Officer, (Audit)
Department of School Education, Coimbatore and others), wherein,
Paragraph No.24 of the Hon'ble Division Bench of our High 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 our High Court is squarely applicable to the
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W.P.(MD).No.25562 of 2022
facts of the present case, in view of the fact that the petitioner has joined the
said Course in the year 2007 and had passed out in the year 2009.
6. In view of the above said deliberations, the order impugned in the
writ petition is set aside and the writ petition stands allowed. The respondents
are directed to continue to pay the incentive increment for the petitioner.
There shall be no order as to costs. Consequently, connected Miscellaneous
Petitions are closed.
20.10.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
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W.P.(MD).No.25562 of 2022
To
1. The Secretary to the Government,
School Education Department,
Fort St. George,
Chennai – 600 009.
2. The Director,
School Education Department,
DPI Complex,
College Road,
Nungambakkam,
Chennai.
3. The Regional Accounts Officer, (Audit),
School Education Department,
Madurai Region,
Madurai.
4. The Chief Educational Officer,
Dindigul District,
Dindigul.
5. The Head Master,
Government High School,
Nilakkottai,
Dindigul District.
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W.P.(MD).No.25562 of 2022
R.VIJAYAKUMAR,J.
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W.P(MD)No.25562 of 2022
20.10.2023
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