Madras High Court
G.Selvam vs The Government Of Tamilnadu on 18 July, 2025
2025:MHC:1694
W.P.(MD) No. 24803 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 11.07.2025
Pronounced On : 18.07.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No. 24803 of 2016
and
W.M.P.(MD)Nos.17946 & 17947 of 2016
G.Selvam,
Physical Education Teacher,
Municipal Jeyaprakash Middle School,
Karur Town, Karur District. ...Petitioner
Vs.
1.The Government of Tamilnadu,
Rep by its Secretary to Government,
School Education Department,
Fort St. George, Chennai.
2.The Director of Elementary Education,
College Road, DPI Campus,
Chennai-6.
3.The Assistant Elementary Educational Officer,
Karur Union, Karur District. ...Respondents
PRAYER IN W.P.:
To issue a Writ of Certiorarified or any other Writ or Order or
Direction in the nature of Writ of Certiorarified Mandamus, calling for
the records relating to para 7 (iii) of impugned G.O.(Ms.) No. 177,
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W.P.(MD) No. 24803 of 2016
School Education 5(2) Department dated 13.10.2016 of the 1st
respondent and the consequential impugned proceedings in Na.Ka.No
208 /Al /2016 dated 07.11.2016 of the 3rd respondent herein and quash
the same and consequently direct the respondents herein to award
incentive increment for petitioner’s M.Phil degree with effect from the
date of appointment namely 10.01.2011 with all other attended benefits
including arrears and pass such further or other orders as this Court may
deem fit and proper in the circumstances of the case and thus render
justice.
PRAYER IN W.M.P.(MD) No.17946 of 2016:
To dispense with the production of impugned G.O.(Ms.)No.177
School Education 5(2) department dated 13.10.2016 of the 1st respondent
for the present and thus render Justice.
PRAYER IN W.M.P.(MD) No.17947 of 2016:
To grant an interim stay of all further proceedings pursuant to the
impugned proceedings in Na.Ka.No 208/Al/2016 dated 07.11.2016 of the
3rd respondent herein and thus render Justice.
APPEARANCE OF PARTIES:
For Petitioner : Mr. T. Pon Ramkumar
For Respondents : Mr.J.Ashok
Additional Government Pleader
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W.P.(MD) No. 24803 of 2016
JUDGMENT
Heard.
2. The petitioner, G. Selvam, working as a Physical Education
Teacher (P.E.T) at the Municipal Jeyaprakash Middle School, Karur,
challenges the recovery order dated 07.11.2016 passed by the third
respondent, by which an incentive increment granted for his M.Phil
qualification was sought to be withdrawn based on para 7(iii) of G.O.
(Ms.) No. 177, School Education 5(2) Department, dated 13.10.2016. The
petitioner seeks quashing of the said order and a direction to award the
incentive increment with effect from the date of his initial appointment,
i.e., 10.01.2011.
3. The petitioner was appointed on 10.01.2011, already holding an
M.P.Ed degree in Physical Education and M.Phil degree acquired in 2007.
Relying on G.O. (Ms.) No. 18 dated 18.01.2013, which extended the
benefit of incentive increment to B.T. Assistants possessing M.Phil, the
third respondent granted a similar benefit to the petitioner by proceedings
dated 25.09.2013. This was based on a departmental clarification which
was understood to apply to P.E.Ts as well.
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4. However, by G.O.(Ms.) No. 177 dated 13.10.2016, the
Government expressly clarified that the incentive increment for M.Phil
qualification in the case of Physical Education Teachers would be
applicable only from the date of issuance of that G.O. Citing this
clarification and an audit objection, the third respondent issued the
impugned recovery order without issuing any prior notice to the petitioner.
5. Learned counsel for the petitioner submitted that the petitioner
was fully qualified at the time of appointment, and the increment was
granted based on the prevailing administrative interpretation. The
subsequent clarification cannot retrospectively unsettle the benefit already
extended. He further submitted that the recovery was effected without
notice and in breach of natural justice. He placed reliance on the judgment
of the Hon’ble Supreme Court in State of Punjab v. Rafiq Masih, reported
in (2015) 4 SCC 334.
6. In response, the learned Additional Government Pleader argued
that G.O. (Ms.) No. 18 dated 18.01.2013 applied only to B.T. Assistants
and not to P.E.Ts. The benefit was erroneously extended, and the recovery
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was necessitated once the position was clarified in G.O. (Ms.) No. 177
dated 13.10.2016.
7. Upon careful consideration of the submissions and records, this
Court finds that the incentive increment was granted in 2013 on the
Department’s own understanding of G.O. (Ms.) No. 18 dated 18.01.2013,
supported by internal clarifications. The petitioner neither misrepresented
any facts nor played any role in the decision. The benefit stood for over
three years before being unilaterally withdrawn. No notice or opportunity
of hearing preceded the impugned recovery, which renders it procedurally
infirm.
8. The petitioner relies on G.O. (Ms.)No. 324, Education
Department, dated 25.04.1995, to contend that he was entitled to incentive
increment from the date of his appointment on 10.01.2011, having already
acquired the M.Phil. qualification. While G.O.(Ms.)No. 324 laid down a
general policy granting incentive increments for higher educational
qualifications such as M.Phil. and Ph.D., its applicability to specific cadres
was subsequently refined through department-specific orders. G.O.(Ms.)
No.18 dated 18.01.2013 extended such benefits explicitly to
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B.T. Assistants, and it was only with G.O. (Ms.) No. 177 dated 13.10.2016
that the entitlement was formally clarified for Physical Education
Teachers, with effect only from that date. Accordingly, the petitioner’s
claim for incentive increment from 10.01.2011 cannot be sustained solely
on the basis of G.O.No. 324. Nonetheless, the recovery of sums already
paid based on departmental interpretation prior to G.O.No. 177 remains
impermissible under the Rafiq Masih doctrine.
9. As held by the Hon’ble Supreme Court in Rafiq Masih (supra),
recoveries from Class III employees for excess payments made by
employer error particularly in the absence of fraud, misrepresentation, or
deceit are impermissible where they result in hardship or inequity. The
petitioner, being a Class III employee, is squarely covered by the
protective umbrella of that ruling.
10. However, this Court is not inclined to grant retrospective
monetary relief from the date of appointment. G.O. (Ms.) No. 18 dated
18.01.2023 did not extend to P.E.Ts, and G.O. (Ms.) No. 177 makes the
entitlement prospective. The petitioner’s entitlement must therefore
be tested under the policy as clarified and the citation in the case of
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R.Premakumari v. State of Tamilnadu reported in CDJ 2008 MHC 3188
submitted by the petitioner does not help his case.
11. In view of the above, the Writ Petition is partly allowed. The
impugned proceedings in Na.Ka.No 208/Al/2016 dated 07.11.2016 passed
by the third respondent is quashed. However, the petitioner shall not be
entitled to retrospective fixation of incentive increment with effect from
10.01.2011. His entitlement, if any, shall abide by the policy laid down in
G.O. (Ms.) No. 177 dated 13.10.2016. There shall be no order as to costs.
Consequently, connected Miscellaneous Petitions are closed.
18.07.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
LS
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DR. A.D. MARIA CLETE, J.
LS
To
1.The Secretary to Government,
Government of Tamilnadu,
School Education Department,
Fort St. George, Chennai.
2.The Director of Elementary Education,
College Road, DPI Campus,Chennai-6.
3.The Assistant Elementary Educational officer
Karur Union, Karur District.
4.The Additional Assistant Elementary
Educational Officer
Karur Union, Karur District.
Pre-delivery Judgment made in
and
W.M.P. (MD) Nos.17946 & 17947 of 2016
18.07.2025
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