Madras High Court
V.Chokkar vs The Government Of Tamilnadu on 24 April, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)No.11677 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.11677 of 2025
and
W.M.P.(MD).No.8627 of 2025
V.Chokkar ... Petitioner
Vs.
1. The Government of TamilNadu,
Rep. by Secretary to Government,
School Education Department,
Fort St. George, Chennai-09.
2. The Director of School Education,
College Road, Chennai-6.
3. The Finance Advisor/Principal Accounts Officer,
Director of School Education,
College Road, Chennai.
4. The Chief Educational Officer,
Collectorate Complex,
Ramanthapuram.
5. The Headmaster,
Government Higher Secondary School,
Kadaladi-623 703.
6. The Assistant Controller of Examinations,
Vinayaka Missions University,
Salem. ... Respondents
1/6
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W.P.(MD)No.11677 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records of the
impugned proceedings issued by the 5th respondent herein on 11.04.2025
bearing Na.Ka.No.42/2025 and quash the same and direct the respondents to
pay the incentive increment continuously for the petitioner's M.Phil degree
obtained from the 6th respondent University.
For Petitioner : Mr.R.Saravanan
For Respondent Nos.1,2,4 & 5 : Mr.M.Siddharthan
Additional Government Pleader
ORDER
This writ petition has been filed against the proceedings issued by the
fifth respondent on 11.04.2025 in 42 of 2025, wherein it is directed to remit
amount being paid to the petitioner for incentive increment for M.Phil degree
from Salem Vinayaka Mission's University which is not recognized by the
University Grants Commission, New Delhi and the Tamil Nadu Government.
2. Heard the learned counsel for the petitioner and the learned Additional
Government Pleader appearing for the respondents and carefully perused the
materials available on record.
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3. There is no dispute with regard to the facts stated in the affidavit filed
by the petitioner along with the writ petition. On perusal of the materials
available on record, it appears that the only point to be considered in this writ
petition is whether the respondents are entitled to recover the amount paid to the
petitioner towards incentive increment for possessing M.Phil decree from
Vinayaka Mission's University or not.
4. Admittedly, the issue involved in this writ petition is already dealt with
by this Court on several occasions.
5. The learned counsel for the petitioner had drawn the attention of this
Court to the common judgment dated 04.08.2023 in WA.No.2328 of 2018 &
batch and contending that the issue raised in the present writ petition has
already been decided by the Division Bench of this Court. The Division Bench
while allowing the batch of Writ Appeals in identical circumstances, taken into
consideration of the notification issued by the Government of India which has
been published in Gazettee of India dated 08.04.1995 and notification issued by
the Government of India on 19.08.2004, wherein the Vinayaka Missions
University part of Vinayaka Mission's Research Foundation, Salem was
considered to be deemed University and as such, the approval given by the
UGC has been made clear in this proceedings.
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6. The relevant paragraph of the judgment is extracted hereinunder :-
“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 that was challenged
before the Writ Court in the petitions is also set aside to the extent that
those who had studied in the Vinayaka Missions-s during the relevant
point of time i.e., 2007 to 2009 had acquired the qualification during the
period which University also enjoyed the approval or recognition from
DEC, IGNO, the said objection raised by the audit would not be
sustained. Therefore, on that , the incentive increment already allowed
to these need not be disturbed. If the increment already been to these
teachers have been cancelled or stopped by of the order, which is
impugned herein, the same shall restored and the arrears to that effect
shall be calculated be paid to the teachers/appellants. To that extent, all
writ appeals are allowed. No costs. Connected petitions are closed.”
7. In the present case also, the petitioner had studied in the Vinayaka
Missions University during the relevant point of time and he had acquired
M.Phil Degree. As such, the order of the Hon'ble Division Bench is squarely
applicable to the facts of the present case and the objections raised by the Audit
Department would not sustain. Accordingly, the order impugned in this writ
petition also would not sustain and liable to be set aside.
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8. For the reasons stated above, this writ petition is allowed with the
following directions :-
(i) The impugned order dated 11.04.2025 issued by the fifth respondent
is hereby set aside.
(ii) If the increment already been sanctioned to the petitioner has been
cancelled or stopped by virtue of the impugned order and arrears to that effect
shall be calculated and to be paid to the petitioner within a period of four weeks
from the date of receipt of a copy of this order.
There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
24.04.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
gvn
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BATTU DEVANAND, J.
gvn
To:
1. The Government of TamilNadu,
Rep. by Secretary to Government,
School Education Department,
Fort St. George, Chennai-09.
2. The Director of School Education,
College Road, Chennai-6.
3. The Finance Advisor/Principal Accounts Officer,
Director of School Education,
College Road, Chennai.
4. The Chief Educational Officer,
Collectorate Complex,
Ramanthapuram.
5. The Headmaster,
Government Higher Secondary School,
Kadaladi-623 703.
6. The Assistant Controller of Examinations,
Vinayaka Missions University,
Salem.
24.04.2025
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