Madras High Court
K.Sumithra vs The Regional Accounts Officer ... on 13 September, 2023
W.P.No.22645 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.No.22645 of 2023
and
W.M.P.No.22093 of 2023
K.Sumithra ... Petitioner
Vs.
1.The Regional Accounts Officer (Audit),
Department of School Education,
L.L.A. Building 3rd Floor,
Big Bazaar Street, Town Hall,
Coimbatore – 641 001.
2.The Chief Educational Officer,
Krishnagiri District,
Krishnagiri – 635 001.
3.The District Educational Officer,
Krishnagiri District,
Krishnagiri – 635 001.
4.The Headmaster,
Government High School,
Pothinayanapalli,
Krishnagiri Taluk,
Krishnagiri District – 635 002.
5.Vinayaka Missions University,
Represented by its Registrar,
NH-47, Sankari Main Road,
Ariyanoor, Salem District – 636 308.
https://www.mhc.tn.gov.in/judis
... Respondents
Page 1 of 9
W.P.No.22645 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus to call for the records of
the 1st Respondent in Proceedings having Ref. No. Na.Ka. No.2648 /E2/
2019, dated May 2019 and signed on 10.01.2020 raising audit objection to
the grant of 2nd incentive to the petitioner who is working as
B.T.Assistant in the Government Middle School, Pothinayanapalli,
Krishnagiri Union, Krishnagiri for the M.Phil Degree obtained from the
5th Respondent University through distance mode and ordering recovery
of the 2nd incentive granted to the Petitioner 18.01.2013 from the salary
of the Petitioner and quash the same as arbitrary and consequently direct
the 4th Respondent to continue to pay the 2nd incentive amount to the
Petitioner for having acquired M.Phil Degree through Distance Mode from
the 5th Respondent University along with Petitioner's salary.
For Petitioner : M/s.Nalini Chidambaram
Senior Counsel
for M/s.C.Uma
For R1 to R4 : Mr.P.Baladhandayutham
Special Government Pleader
ORDER
This writ petition has been filed challenging the order of the 1st
respondent signed on 10.01.2020, raising Audit Objection to the grant of
second incentive to the petitioner for passing M.Phil Degree obtained from
the 5th respondent University through Distance Mode and seeking recovery
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W.P.No.22645 of 2023
of the second incentive already granted to the petitioner.
2.The petitioner states that she is working as B.T.Assistant in
the 4th respondent School and she has completed M.Phil Degree from the
5th respondent/Vinayaga Missions University, through Distance Mode. It
is the case of the petitioner that the petitioner was granted second
incentive for passing the M.Phil Degree with effect from 17.01.2013 and
she had been receiving the same continuously along with her salary.
While so, the 1st respondent has passed the impugned order raising Audit
Objection to the grant of second incentive to the petitioner on the ground
that the M.Phil Degree obtained from the 5th respondent University is not
proper and that the second incentive already granted to the petitioner
should be recovered and remitted to the Treasury. Challenging the same,
the present writ petition has been filed.
3.Heard the learned Senior Counsel appearing for the petitioner
and Mr.P.Baladhandayutham, learned Special Government Pleader, who
takes notice for the respondents 1 to 4.
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W.P.No.22645 of 2023
4.The impugned order mainly proceeds on the ground that the
petitioner is not entitled to grant of incentive, since she has obtained her
M.Phil Degree through Distance Education Mode from the 5th
respondent/Vinayaga Missions University, which is a Deemed University.
This Audit Objection has been raised based on G.O.(Ms) No.91, Higher
Education (K2) Department, dated 03.04.2009. Consequently, recovery of
incentive already granted to the petitioner is also sought to be made.
5.This issue is no longer res integra. A similar issue involving
the same 5th respondent University with regard to an Audit Objection, was
earlier dealt with by the Division Bench of this Court elaborately in a
batch of Writ Appeals in W.A.Nos.2328 of 2018, etc. batch [S.Sivan v.
The Regional Accounts Officer (Audit), Department of School
Education, Coimbatore and others], wherein, the Division Bench, by
judgment dated 04.08.2023, has held as follows :
“17.Mr.B.Rabu Manohar, learned Standing
Counsel appearing for the UGC, on instructions would
submit that, initially the DEC, IGNO was the authority to
grant approval or recognition to deemed to be Universities
or any other University to conduct Distance Education
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W.P.No.22645 of 2023
programs. Subsequently, that has been taken at the hands of
the University Grant Commission i.e., UGC.
18.He would also submit that, so far as the
relevant period of time since it was in the realm of DEC,
IGNO, the order passed by the IGNO dated 28.02.2007
granting such recognition/approval to the Vinayaka
Missions University to run the Distance Education Courses
for five years period is institution based approval or
recognition.
...
23.In this context, it is to be noted that the stand of
the UGC counsel was that, insofar as the approval that has
been given by the DEC, IGNO in respect of the University or
deemed to be University are concerned to have such
Distance Education Course only at the head quarters and
not beyond which, which means, the study centres that had
been run by various Universities like the present University
were not approved or recognized by the UGC.
24.During the relevant period i.e., from 2007 to
2012, the University was given institution wise recognition
as stated by the learned counsel appearing for the UGC and
from 2011 - 2012 , 2013-2014, the program wise
recognition was given by the UGC.
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W.P.No.22645 of 2023
25.Therefore, insofar as these teachers are
concerned, they joined in the course either in the year 2007
or in the year 2008 and they completed either in the year
2008 or 2009 respectively. Since the course is one year
duration they joined in 2007 and completed in 2008 and
those who joined in 2008 had completed in 2009.
...
32.This position, even though had been projected,
the learned single Judge has rejected the writ petitions,
where the learned Judge has considered the counter
affidavit filed by the Government as well as the deemed to
be University and ultimately concluded that these teachers
are not entitled to get the advance incentive increment as
allowed to them earlier in view of the stand taken by the
Government that they are not entitled to get such incentive
increment because the degree obtained by them through
Distance Education Mode of the Vinayaka Missions
University cannot be an approved or recognized or
accepted.”
6.On a reading of the above judgment, it is seen that the
Division Bench has clearly held that G.O.Ms.No.91, dated 03.04.2009,
issued by the Higher Education Department, does not deal with anything
about the allowing of advance incentive increment to the teachers, who
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W.P.No.22645 of 2023
acquired higher qualification, since the said Government Order is only
applicable for Government appointments.
7.In the light of the judgment of the Division Bench of this
Court cited supra, when the petitioner has obtained her M.Phil Degree
from the 5th respondent/Vinayaga Missions University during the relevant
point of time, i.e., 2007 to 2009, the time during which the University had
approval and recognition as per the said judgment of the Division Bench,
the impugned order passed by the 1st respondent raising Audit Objection to
the grant of second incentive to the petitioner based on G.O.(Ms) No.91,
Higher Education (K2) Department, dated 03.04.2009, and also seeking
consequential recovery of incentive already granted to the petitioner,
cannot be sustained and therefore, the impugned order stands quashed.
8.As a sequel, this writ petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
13.09.2023
mkn
Internet : Yes
Index : Yes / No
Neutral citation : Yes / No
Speaking order / Nonspeaking order
https://www.mhc.tn.gov.in/judis
W.P.No.22645 of 2023
To
1.The Regional Accounts Officer (Audit),
Department of School Education,
L.L.A. Building 3rd Floor,
Big Bazaar Street, Town Hall,
Coimbatore – 641 001.
2.The Chief Educational Officer,
Krishnagiri District,
Krishnagiri – 635 001.
3.The District Educational Officer,
Krishnagiri District,
Krishnagiri – 635 001.
4.The Headmaster,
Government High School,
Pothinayanapalli,
Krishnagiri Taluk,
Krishnagiri District – 635 002.
5.The Registrar,
Vinayaka Missions University,
NH-47, Sankari Main Road,
Ariyanoor, Salem District – 636 308.
https://www.mhc.tn.gov.in/judis
W.P.No.22645 of 2023
N. SATHISH KUMAR, J.
mkn
W.P.No.22645 of 2023
13.09.2023
https://www.mhc.tn.gov.in/judis
