Dhanalakshmi vs The Secretary Of Higher Education
2024 Latest Caselaw 7802 Mad

Citation : 2024 Latest Caselaw 7802 Mad
Judgement Date : 18 April, 2024

Madras High Court

Dhanalakshmi vs The Secretary Of Higher Education on 18 April, 2024

                                                             WP(MD) Nos.9540 to 9542 of 2024

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 18.04.2024

                                                    CORAM:

                                  THE HONOURABLE MS.JUSTICE R.N.MANJULA

                                  W.P.(MD) Nos.9540 to 9542 of 2024
                                                  and
                         W.M.P(MD)Nos.8642, 8643, 8663, 8664, 8649 & 8650 of 2024

                      Dhanalakshmi             ... Petitioner in W.P(MD)No.9540/2024


                      M.Malaiyandi             ... Petitioner in W.P(MD)No.9541/2024


                      U.M.Manikandan           ... Petitioner in W.P(MD)No.9542/2024

                                                       Vs.

                      1.The Secretary of Higher Education,
                         Secretariat of Higher Education,
                         Chennai.


                      2.The Financial Advisor and Chief Accountant Officer,
                         Commissioner Office of School Education,
                         Chennai – 6.


                      1/10
https://www.mhc.tn.gov.in/judis
                                                                WP(MD) Nos.9540 to 9542 of 2024

                      3.The Head Master,
                         Government High School,
                         Vaarappur,
                         Pudukkottai District.                                ...Respondents


                      Common Prayer : Writ Petition filed under Article 226 of the

                      Constitution of India, praying this Court to issue a Writ of

                      Certiorari, to call for the records pertaining to the impugned

                      proceedings of the third respondent in Na.Ka.No.31/2022, dated

                      01.04.2024 along with audit objection and quash the same.



                                  For Petitioners      : Mr.M.Ramu
                                      (In all W.Ps')
                                  For RR 1 & 2         : Mr.M.Siddharthan
                                  (In all W.Ps')        Additional Government Pleader


                                                 COMMON ORDER

The present writ petitions have been filed seeking for a

Writ of Certiorari to call for the records pertaining to the impugned

https://www.mhc.tn.gov.in/judis WP(MD) Nos.9540 to 9542 of 2024

proceedings of the third respondent in Na.Ka.No.31/2022, dated

01.04.2024 along with audit objection and quash the same.

2. Heard Mr.M.Ramu, learned counsel for the

petitioners and Mr.M.Siddharthan, learned Government Advocate

appearing for the respondents 1 and 2.

3. By consent of both parties, these Writ Petitions are

taken up for final disposal at the stage of admission itself.

4. The learned counsel for the petitioners submitted that

the petitioners had obtained M.Phil., Degree from Alagappa

University by joining a Summer Sequential Programme which

followed the choice based credit system during the academic year

2017-2018. The petitioners completed the said course successfully

and received the incentive for the said higher qualification.

https://www.mhc.tn.gov.in/judis WP(MD) Nos.9540 to 9542 of 2024

5. However, the third respondent vide his impugned

proceedings, dated 01.04.2024 has cancelled the incentive

increment granted to the petitioners stating that M.Phil course

offered by the Algappa University through Summer Sequential

Programme is not a recognised one. It is not an UGC approved

programme and hence, re-fixed the salary by reducing the scale of

pay of the petitioners.

6. The same issue has been already dealt by this Court

in W.P(MD)No.9195 of 2024 dated 15.04.2024, in which the

following order has been passed :

“4. The petitioner is working as a graduate teacher in Panchayat Union Middle Secondary School, A.Venlangudi, Karaikudi Taluk, Sivagangai District. The third respondent has issued a proceedings, dated 27.03.2024 alleging that the petitioner has got the incentive increment for higher qualification in M.Phil Degree offered by Karaikudi Alagappa University following choice based credit System during Summer

https://www.mhc.tn.gov.in/judis WP(MD) Nos.9540 to 9542 of 2024

Sequential period, even though the Degree is not recognised by the State and Central Governments. The above issue is dealt in W.A.(MD)No.259 of 2023 dated

07.12.2023, in which, a direction was given to the Government to consider the above issue and pass orders. The above order calling for the Government to take a decision in the above Writ Appeal is extracted as under :

“14. In view of the facts and circumstances, we pass the following orders:

(i) The common order, dated 27.02.2023, passed in W.P.(MD) Nos.66, 67, 10386, 11609, 11720, 13879, 15666, 18235, 18236, 18237, 18238, 18239, 18240, 18241, 18242, 19438, 19718, 21691 & 21692 of 2022 and 2039, 2042 of 2023, are set aside to the limited extent of reconsidering the entire issues afresh.

(ii) The matter is remanded back to the Government for taking decisions on the equivalence and the validity of the M.Phil., Degree obtained by the writ petitioners / teachers under the Summer Sequential Programmes

https://www.mhc.tn.gov.in/judis WP(MD) Nos.9540 to 9542 of 2024

conducted by Alagappa University and to take a decision, whether the said Degree is to be considered for the purpose of grant of incentive increment or not.

(iii) The Government is expected to decide the issues as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this Judgment.

(iv) Accordingly, the writ appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.”

5. Pursuant to the above order, the issue is pending with the Government for taking a decision.

Now, the grievance of the petitioner is that even before the matter was disposed of by the Government, the impugned notice has been given calling for explanation for recovering the amount towards the incentive enjoyed by the petitioner so far.

6. When the Government itself has not taken any decision, the petitioner may not able to give any Government Order or document to prove that their entitlement to receive the incentive increment is

https://www.mhc.tn.gov.in/judis WP(MD) Nos.9540 to 9542 of 2024

supported by the Government Orders themselves. However, it is possible for the petitioner to place a request to the third respondent to extend the time for giving explanation till the Government takes a decision in the matter and pass orders thereon.

7. In the event of such a request is made by the petitioner, the third respondent shall consider the same and keep the matter in abeyance until the Government passes an order consequent to the directions of this Court in W.A.(MD)No.259 of 2023 etc., batch dated 07.12.2023.

8. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.”

7. However, in the present case, the impugned order has

been passed without issuing any show cause notice.

8. In view of the said reasons, these Writ Petitions are

allowed and impugned order in Na.Ka.No.31 of 2022, dated

01.04.2024 passed by the third respondent is set aside and the third

https://www.mhc.tn.gov.in/judis WP(MD) Nos.9540 to 9542 of 2024

respondent is at liberty to issue a fresh show cause notice to the

petitioners, depending upon the result of the first respondent. No

costs. Consequently, connected miscellaneous petitions are closed.

18.04.2024

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