Madras High Court
S.Usha vs The Regional Accounts Officer on 27 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.11581 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.11581 of 2023
and
W.M.P.No.11480 of 2023
S.Usha
W/o.N.Lakshmi Narasimhan ... Petitioner
Vs.
1.The Regional Accounts Officer,
(Audit), Department of School Education,
Coimbatore - 641 001.
2.The Director,
Directorate of School Education,
Chennai - 600 006.
3.The Chief Educational Officer,
Chengalpet,
Chengalpet District.
4.The Headmaster,
Government Higher Secondary School,
Kuvathoor,
Chengalpet District.
5.The Registrar,
Vinayaka Missions University,
Salem - 636 308.
https://www.mhc.tn.gov.in/judis
1/6
Writ Petition No.11581 of 2023
6.The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi - 110 002. ... Respondents
(Amendment carried out as per order of this Court in W.M.P.No.35129
of 2023 in W.P.No.11581 of 2023, dated 27.09.2024]
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus forbearing the respondents 1 to
4 from initiating any action to recover the payment of incentive
increments paid to the petitioner for having qualified M.Phil degree
granted by the fifth respondent and consequently, direct the respondents
1 to 4 to continue to pay the incentive increment to the petitioner.
For Petitioner : Mr.N.Umapathi
For Respondents : Mr.S.Prabhakaran
Government Advocate [R1 to R4]
No appearance [R5]
Mrs.V.Sudha, Standing Counsel [R6]
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus forbearing the respondents 1 to 4 from initiating any action
against the petitioner for recovery of the amount that has been paid
towards incentive increments and for a further direction to the
respondents to continue to pay the incentive increments to which the
petitioner is entitled.
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Writ Petition No.11581 of 2023
2. Heard Mr.N.Umapathi, learned counsel for petitioner,
Mr.S.Prabhakaran, learned Government Advocate appearing for
respondents 1 to 4 and Mrs.V.Sudha, learned Standing Counsel
appearing for sixth respondent.
3. When the matter was taken up for hearing, the order passed
by the Division Bench of this Court in a batch of writ appeals in
W.A.No.2328 of 2018 etc. dated 04.08.2023 was placed before this
Court. The judgment of the Division Bench pertained to the very same
University viz., Vinayaka Missions University. Hence, the issue involved
in the present writ petition is covered by the judgment of the Division
Bench.
4. The relevant portions in the aforesaid judgment are extracted
hereunder:
"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
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Writ Petition No.11581 of 2023
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 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."
In view of the above, this writ petition is disposed of in the light
of the judgment of the Division Bench in W.A.No.2328 of 2018 etc.
dated 04.08.2023. No costs. Consequently, connected miscellaneous
petition is closed.
27.09.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Regional Accounts Officer,
(Audit), Department of School Education,
Coimbatore - 641 001.
2.The Director,
Directorate of School Education,
Chennai - 600 006.
3.The Chief Educational Officer,
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Writ Petition No.11581 of 2023
Tiruppur - 641 604.
Tiruppur District.
4.The Headmaster,
Governemnt Higher Secondary School,
Pethappampatti - 642 205.
Tiruppur District.
5.The Registrar,
Vinayaka Missions University,
Salem - 636 308.
6.The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi - 110 002.
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis
Writ Petition No.11581 of 2023
gm
Writ Petition No.11581 of 2023
27.09.2024
https://www.mhc.tn.gov.in/judis
