Madras High Court
K.Sundar vs The State Of Tamilnadu on 6 November, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
WP Nos. 41156 & 41161 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-11-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
WP No. 41156 of 2025 & WP NO. 41161 OF 2025
AND
WMP NO. 46105 OF 2025,WMP NO. 46101 OF 2025,
& WMP NO. 46106 OF 2025
WP No. 41156 of 2025
K.Sundar
S/o.Kuppusamy,
5/15(a)south Street, Sitheripattu,
Palayasiruvangur,
Villupuram District-606 206
Petitioner(s)
Vs
1. The State Of Tamilnadu
Rep By Its Secretary To Government, School Education
Department, Fort St.George, Chennai-600 009
2.The State Of Tamilnadu
Rep By Its Secretary To Government, Finance
Department, Fort St.George, Chennai-600 009
1/21
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3.The Director Of Elementary Education
O/o.The Director Of Elementary Education, College
Road, Chennai-600 006
4.The Assistant Elementary Educational Officer
O/o.Assistant Elementary Educational Officer,
Rishivandhiyam, Ariyalur District-605 801
5.The Block Educational Officer
O/o.The Block Educational Officer, Rishivandhiyam
Block, Ariyalur District-605 801
Respondent(s)
WP No. 41161 of 2025
J.Sacrates
S/o.Jayaraj,
No.136, Pookaratheru, Pudukkottai,
Kulamanickam East, Thirumazhapadi,
Ariyalur-821 851
Petitioner(s)
Vs
1. The State Of Tamilnadu
Rep By Its Secretary To Government, School Education
Department, Fort St.George, Chennai-600 009
2.The State Of Tamilnadu
Rep By Its Secretary To Government, Finance Department,
Fort St.George, Chennai-600 009
3.The Director Of Elementary Education
O/o.The Director Of Elementary Education, College Road,
Chennai-600 006
2/21
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4.The District Educational Officer(Elementary)
O/o.The District Educational Office, Ariyalur District
5.The Assistant Elementary Educational Officer
O/o.Assistant Elementary Educational Officer,
Rishivandhiyam, Ariyalur District-605 801
6.The Block Educational Officer
O/o.The Block Educational Officer, Rishivandhiyam Block,
Ariyalur District-605 801
Respondent(s)
WP No. 41156 of 2025
PRAYER :- Writ Petition is filed under Article 226 of the Constitution of India
to issue a Writ of Certiorarified Mandamus, calling for the records of the 5th
respondent proceedings having Ref.No.Na.Ka.No.576/A1/2025 dated
20.6.2025 raising objection to the grant of incentive increment to the petitioner
for the period from 27/12/2014 for obtaining the B.Com., B.Ed. degree
ordering recovery of the incentive increment granted to the petitioner from
27.12.2014 to 30.6.2025 and refixation of the pay scale of the petitioner and
quash the same as arbitrary and consequently direct the respondents to continue
to pay the incentive increment to the petitioner for obtaining B.Com, B.Ed and
B.A.(English) degree
WP No. 41161 of 2025
PRAYER :- Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus, calling for the records of the
5th respondent proceedings having Ref.No.Na.Ka.No.028490/E1/2024 dated
17.6.2025 raising objection to the grant of incentive increment to the petitioner
for the period from 05/12/2011 for obtaining the B.A(Economics),B.Ed and
MA(Economics)Degree and of the 6th respondent proceedings having
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Ref.No.Na.Ka.No.0915/A3/2025 dated 23.09.2025 ordering recovery of the
incentive increment granted to the petitioner from 31.05.2012 and refixation of
the pay scale of the petitioner and quash the same as arbitrary and consequently
direct the respondents to continue to pay the incentive increment to the
petitioner for obtaining BA(Economics), B.Ed, and MA (Economics)degree
In both W.P.s
For Petitioner(s): Ms.C.Uma
For Respondent: Mrs.S.Mythreye Chandru
Special Govt. Pleader for
R1, Re to R5
Mr.Azizulla Khan,
Govt. Advocate for R2
COMMON ORDER
These writ petitions have been filed challenging the impugned orders
cancelling the incentive increments which are already granted to the petitioners
and ordered to recover the incentives which are paid and also to revise the scale
of pay for acquiring additional degree.
2. Heard both sides and perused the materials available on record.
3. All these petitioners were initially appointed as Secondary Grade
Teachers in various Panchayat Union Middle Schools. While they were working
as Secondary Grade Teachers in their respective schools, they were permitted to
study higher degrees. All these petitioners had completed higher degrees such as
B.Sc., M.Com., B.A., M.A., B.Sc., M.Sc., B.Ed., and M.Ed., Therefore, they
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were sanctioned two sets of incentive increments for their respective degree
qualification. The Government of Tamil Nadu with an object of encouraging
teachers for acquiring higher qualification for the benefits of students originally
issued G.O.Ms.No.42 Educational Department, dated 10.01.1969 introducing
the scheme of incentive increment for acquiring higher educational
qualification. It proceeded to grant incentive increment (equivalent to two
advance increments) for possessing or acquiring higher qualification in any
degree course of study. On the basis of Government order, various orders were
issued for grant of incentive increment to different categories of teachers
subsequently. The Government passed another order in G.O.Ms.No.907 P & AR
Department dated 17.09.1996 based on the recommendations of 4th Pay
Commission that the higher qualification for the purpose of grant of incentive
increment should be with reference to the area of specialisation instead of any
other subject. Since there were lot of representations from various Teachers'
Association, the Government issued another order is G.O.Ms.No.624 Education
Department dated 13.07.1992 introducing the following four conditions for
grant of incentive increment.
(i) Sanction of incentive increments to a teacher for acquiring
higher qualification in particular subject to the condition that the
teacher will also be required to teach that in addition to the subject
teacher used to teach.
(ii) In respect of the past cases, those enrolled for courses of
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higher studies upto the academic year 1991-92, the restriction
imposed in G.O.Ms.No.907 P & AR (FR.II) Department dated
17.09.1989 shall be relaxed to cover really relevant courses all subjects
in the school curriculam. The Director of School Education shall
judge the relevance in such cases no arrears of the incentive increment
shall be allowed. Monetary benefit of incentive increment in such
cases shall be allowed with effect from the date of issue of these
orders.
(iii) In respect of teachers enrolling during 1992-93 and after,
sanction of increments shall be restricted to developing areas of study
and subjects where teachers shortage has been identified. The
Director of School Education will identify the subjects for purposes of
incentive increment in which teachers will be encouraged to qualify in
consultation with the Government in all future case. The intention is
to encourage the teachers to get higher qualification in those specially
selected subjects.
(iv) In respect of physical education teachers incentive
increments will be sanctioned in future only in the area of physical
education with a view to upgrade physical training. The Director of
School Education will identify the courses in this area also.
4. However, on receipt of other representations stating that the
Government Order in G.O.Ms.No.624 dated 13.07.1992 are not feasible for
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being implemented, since it has deprived incentive increment for most of
B.T.Assistants/Secondary Grade Teachers, the Government once again passed
order in G.O.Ms.No.324 Education, Science and Technology Department dated
25.04.1995 by deleting the conditions 1 to 3 in the earlier Government Order in
G.O.Ms.No.624 dated 13.07.1992 and made it clear that for sanction of the
incentive increment, the subjects in the Higher Secondary syllabus shall be the
relevant subjects. It is relevant to extract paragraph 5 of the G.O.Ms.No.624
dated 13.07.1992 and the same is extracted as below:-
5. The Government accordingly direct that
(i) The conditions (i) to (iii) in para 3 of G.O.Ms.No.624
Education dated 13.07.1992 be deleted.
(ii) For the sanction of incentive increments the subjects in the
Higher Secondary Syllabus shall be relevant subjects.
(iii) In respect of teachers in Physical Education they are eligible
for the incentive for higher qualification only in Physical Education.
(iv) These orders will take irrespective effect from 17.09.1986 to
cover past cases.
(v) The teachers who have a specialised higher qualification in
subjects other than Higher Secondary Syllabus not be eligible for any
incentive increment.
5. As per the Government Order, the petitioners are entitled for
sanctioning of incentive increments for their respective qualifications.
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6. Admittedly, the petitioners are all qualified with the subjects in the
Higher Secondary syllabus, therefore, they were sanctioned with incentive
increments as per the Government Order G.O.Ms.No.324 dated 25.04.1995.
While being so, the petitioner in W.P.(MD).No.22704 of 2018 dated 21.01.2025
was also provided with incentive increments for possessing higher qualification
in M.Com., However, the increment granted was cancelled on the ground that
the petitioner therein being a teacher of English subject, and M.Com., degree
obtained by him would not serve any purpose to the students and therefore,
ordered recovery of incentive increments which was already granted to the
petitioner therein and also to stop the incentive increments and ordered to revise
the scale of pay. The Hon'ble Madurai Bench of this Court by order dated
25.01.2025 dismissed the writ petition and issued directions to the Government
that the Government shall find out the ineligible teachers, who are receiving
incentive increments for their higher qualification without any relevancy and to
take appropriate action to recover the same, as it is a loss to the public
exchequer.
7. On the basis of the order passed by this Court, now the impugned
orders in these writ petitions have been passed for stopping the increments and
also ordered to recover the incentives and also to revise the scale of pay. In the
meantime, a teacher filed writ petition in W.P.No.2043 of 2019 seeking a
direction to the Government to reconsider the plea of grant of advance incentive
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increments for acquiring higher qualification by the said teacher and the same
was allowed. Aggrieved by the same, the Government of Tamil Nadu, School
Education Department, Chennai filed writ appeal before this Court in
W.A.No.2747 of 2023. The Hon'ble Division Bench of this Court dismissed the
writ appeal and observed as follows:-
7. Thereafter, successive State Governments expanded the
scope of G.O.42 and whenever there was an attempt to narrow the
scope to restrict the grant of incentive increments, the Associations of
Government School Teachers were successful in negotiating with the
successive Governments to have the incentive increments restored.
One such instance is when the Government passed G.O.(Ms.)No.624
Education dated 13.07.1992, which restricted the grant of incentive
increments and made it applicable only to higher qualifications,
which will be actually useful to the students.
8. Unfortunately, after about 3 years, the Government
went back again and passed G.O.(Ms.)No.324 dated 25.04.1995 which
apart from recalling the conditions imposed by para 3 of
G.O.(Ms.)No.624 dated 13.07.1992, extended the benefit of incentive
increments for higher qualifications in subjects that are part of the
higher secondary syllabus, thereby widening the grant of incentive
increments to higher qualifications obtained in subjects like
Economics or Commerce or Computer Science, which were not
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taught in Standards 1 to 8 for which the Secondary Grade Teacher
was appointed.
9. Thereafter, the Government again issued
G.O.(Per)No.134 dated 15.06.2007, which related to promotion.
There again, the Government extended the promotional avenues to
Secondary Grade Teachers to become Middle School Headmasters or
Elementary School Headmasters by just obtaining a Bachelor's
Degree irrespective of the subject. This malady was sought to be
cured by G.O.(Per)No.134 dated 15.06.2007, wherein the
Government decided to restrict promotion only to those who had
obtained graduation in subjects which are taught in the pre-primary,
elementary and middle school. Such a restriction was not extended to
the grant of incentive increments.
10. However, the Director of Elementary Education issued a
clarificatory letter on 24.08.2016 restricting the benefit of incentive
increments only to those subjects that are normally taught in
Schools, namely, Tamil, English, Mathematics, Science and Social
Science. The said letter specifically excluded degrees obtained in
Commerce, Economics and Computer Science etc., from being
considered for grant of incentive increments. This letter was put to
challenge in the writ petition.
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11. The learned single Judge rightly concluded that this
letter dated 24.08.2016 overwrites or overreaches the effect of
G.O.(Ms.)No.324 dated 25.04.1995. The learned single Judge
invoked the principle that a Government Order issued under the
orders of the Governor cannot be rewritten by a head of the
Department.
12. Though Mr.U.M.Ravichandran, learned Special
Government Pleader would vehemently contend that this is only a
clarification, we are unable to accept his submission. When
G.O.(Ms.)No.324 dated 25.04.1995 specifically declares that all
higher qualifications obtained in subjects which form part of the
higher secondary syllabus shall be entitled to grant of incentive
increments, the Director of Elementary Education, by his letter,
cannot narrow down the scope of the Government Order.
13. Today the entire scheme for incentive increments has
been withdrawn but the issue as to whether the said withdrawal
can only be prospective and it cannot operate retrospectively still
lingers. We do not see the need to go into the said issue as it is not
germane to the facts on hand. Here the respondent has completed
M.A.(Economics) in May 2010 and B.Ed. in December 2015.
Therefore, she is entitled to two sets of advance incentive
increments for these two higher qualifications obtained by her. The
question of whether M.A.(Economics) would be useful to the School
students or not cannot be gone into by us, as the Government, in its
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wisdom, had in G.O.(Ms.)No.324 dated 25.04.1995, consciously
decided to confer the benefit of the incentive increments on all
teachers who obtained higher qualifications in any subject found in
the higher secondary syllabus.
14. Therefore, we are unable to fault the order of the
learned single Judge. The Writ Appeal therefore fails and it is
accordingly dismissed. There will be a direction to the appellants to
grant two (2) sets of incentive increments, one for B.Ed.
qualification and another for M.A.(Economics), to the respondent
with effect from the date of acquisition of the qualifications and
pass orders within a period of eight (8) weeks from the date of
receipt of a copy of this order. No costs. Consequently, the
connected Miscellaneous Petitions are closed.
8. Thus it is clear that the G.O.Ms.No.324 dated 25.04.1995 specifically
declares that all higher qualifications obtained in subjects which form part of the
higher secondary syllabus shall be entitled to grant of incentive increments.
9. Mr.R.Neelakandan, learned Additional Advocate General submitted
that the similar issue has been dealt with before the Hon'ble Madurai Bench of
this Court in a batch of writ petitions in W.P.(MD).No.14816 of 2025 dated
29.08.2025 and the relevant paragraphs are extracted as below:-
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28. In view of the categorical decisions rendered by the
Division Bench of this Court, the acquisition of higher
qualifications like M.A., (Economics), M.A.(History), M.Com.,
M.A., (Political Science), M.A., (Sociology) and M.C.A., has no
relevance to the subjects which are taught in classes 6 to 8 and
therefore the petitioners who have acquired such higher
qualifications like M.A., (Economics), M.A.(History), M.Com.,
M.A., (Political Science), M.A., (Sociology) and M.C.A., would not
be eligible for grant of incentive increments. Hence, the
cancellation of the incentive increments granted to the petitioners
cannot be interfered with. However, in respect of B.Ed., degree,
since it is a relevant degree for classes 6 to 8, the rejection of the
grant of incentive increment for acquiring B.Ed., degree alone is
set aside.
29. However, it is the settled position of law that amounts
which have been paid by way of incentive increments, which are
not on account of any wrong committed by the petitioners, the same
cannot be recovered. The grant of incentive increments on the
application of the petitioners have been made by the respondents on
the basis of wrong interpretation of the Government Orders, which
cannot be put against the petitioners and therefore in the absence
of any wrong committed by the petitioners, this Court makes it clear
that the amount paid to the petitioners towards incentive increment
cannot be recovered and the order revising the pay by cancelling
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the incentive increments could be applied only prospectively and
not retrospectively.
30. Therefore, the cancellation of incentive increments,
though is sustained the recovery of the amount already paid
towards incentive increments by the respondents is wholly
unsustainable and to that extent the said portion of the order is set
aside.
31. Accordingly, these writ petitions are disposed of, with the
aforesaid observations and directions. There shall be no order as to
costs. Consequently, connected miscellaneous petitions are closed.
10. Therefore the petitioners are not entitled for incentive increments for
their higher qualifications in the unrelated subjects. That apart, they obtained a
degree only based on the unrelated subjects to their teaching classes. Therefore
they are also not eligible to get any incentive increments for their B.Ed.,
qualifications.
11. In so far as the recovery of incentives is concerned, the recovery can
be made for the last five years as per the dictum laid by the Hon'ble Supreme
Court judgment in the case of State of Punjab and Others Vs. Rafiq Masih
(White Washer) and others reported in (2015) 4 SCC 3334. The above
conditions cannot be countenanced to. In view of the G.O.Ms.No.324
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Education, Science and Technology Department dated 25.04.1995, it is very
clear that all higher qualifications obtained in subjects which form part of the
higher secondary syllabus shall be entitled to grant of incentive increments. In
so far as the recovery is concerned, the Hon'ble Supreme Court repeatedly held
that the recovery of excess amount cannot be applied retrospectively and that
too after a long time. Hence, all the petitioners were granted incentive
increments from the year 2005 to 2010 onwards.
12. In this regard, Mrs.Dakshayani Reddy, learned Senior Counsel relied
upon the judgment of the Hon'ble Supreme Court reported in 2024 SCC online
SC 1909 in the caseof Jagdish Prasad Singh Vs State of Bihar and others,
wherein at para 21 it is held as follows:-
21. We firmly believe that any decision taken by the
State Government to reduce an employee's pay scale and
recover the excess amount cannot be applied retrospectively
and that too after a long time gap. In the case of Syed Abdul
Qadir Vs State of Bihar this Court held that when the excess
unauthorised payment is detected within a short period of
time, it would be open for the employer to recover the same.
Conversely, if the payment had been made for a long
duration of time, it would be iniquitous to make any
recovery. The relevant paras of the Syed Abdul Qadir (supra)
are extracted herein below:-
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“57. This Court, in a catena of decisions has granted
relief against recovery of excess payment of
emoluments/allowances if (a) the excess amount was not
paid on account of any misrepresentation or fraud on the
part of the employee, and (b) if such excess payment was
made by the employer by applying a wrong principle for
calculating the pay/allowance or on the basis of a particular
interpretation of rule/order, which is subsequently found to
be erroneous.
58. The relief against recovery is granted by courts not
because of any right in the employees, but in equity,
exercising judicial discretion to relieve the employees from
the hardship that will be caused if recovery is ordered. But, if
in a given case, it is proved that the employee had knowledge
that the payment received was in excess of what was due or
wrongly paid, or in cases where the error is detected or
corrected within a short time of wrong payment, the matter
being in the realm of judicial discretion, courts may, on the
facts and circumstances of any particular case, order for
recovery of the amount paid in excess”.
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13. Thus it is clear that the relief against recovery is granted by Courts not
because of any right vested in the employees, but in equity, exercising judicial
discretion to relieve the employees from the hardship that will be caused if
recovery is ordered. In the case on hand, the excess amount that has been paid
to the petitioners was not because of any misrepresentation or fraud on their
part. The petitioners also absolutely had no knowledge that the incentives that
were being paid to them was contrary to the Government Order. In fact, the
G.O.Ms.No.324 dated 25.04.1995 is clear that those who have acquired higher
qualifications obtained in subjects which form part of the Higher Secondary
syllabus shall be entitled to grant of incentives increments. Therefore, only on
the basis of the Government Order, the petitioners were granted incentive
increments. Therefore it cannot be stated that the incentive increments were
granted to the petitioners by wrong interpretation of Government Order in
G.O.Ms.No.324 dated 25.04.1995.
14. The Director of Elementary Education issued a clarificatory letter on
24.08.2016 restricting the benefit of incentive increments only to those subjects
that are normally taught in schools, namely, Tamil, English, Mathematics,
Science and Social Science. The said letter specifically excluded degrees
obtained in Commerce, Economics and Computer Science etc., from being
considered for grant of incentive increments. The said letter overrides the effect
of G.O.Ms.No.324 dated 25.04.1995. Therefore, the Government letter dated
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24.08.2016 cannot be considered for any purpose when the Government passed
an order under the orders of the Governor of the State.
15. Further, the issue with regard to denial of 2nd increment for M.Phil.,
degree dealt with by this Court in W.P.(MD).No.3697 of 2018 and this Court by
order dated 25.01.2022 held that the conditions imposed in G.O.Ms.No.624
dated 13.07.1992 stand effaced. The earliest Government Order issued in this
connection, is in the spirit of encouragement and to stimulate the appetite of
teachers for study and exploration of different subjects. Any curtailment in this
regard would be anathema and the removal of the conditions is, in my view, a
proper and appropriate move. Therefore, the petitioners are entitled for their
incentive increment which were already granted to them as per G.O.Ms.No.324,
dated 25.04.1995.
16. Though the impugned orders were passed by referring to the order
passed by the Madurai Bench of this Court in W.P.(MD).No.22704 of 2018
dated 21.01.2025, it failed to consider the order passed by the Hon'ble Division
Bench of this Court in W.A.No.2747 of 2023 dated 28.03.2025 in which this
Court had categorically held that as per G.O.(Ms) No.324 dated 25.04.1995, all
higher qualifications obtained in subjects which form part of the higher
secondary syllabus shall be entitled to grant of incentive increments.
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17. In view of the above, the orders impugned in these writ petitions
cannot be sustained in toto and they have to be quashed and all impugned orders
are hereby quashed in all the writ petitions.
18. Accordingly, these writ petitions are allowed. No costs. Consequently,
connected miscellaneous petitions are also closed.
06-11-2025
Index :Yes/No
Internet : Yes/No
Speaking order/non-speaking order
rpp
Note:- Registry is directed to incorporate
cause title for all the cases and issue order copy.
To
1. Secretary To Government, School Education Department, Fort
St.George, Chennai-600 009
2. Secretary To Government, Finance Department, Fort
St.George, Chennai-600 009
3.The Director Of Elementary Education
O/o.The Director Of Elementary Education, College Road,
Chennai-600 006
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4.The Assistant Elementary Educational Officer
O/o.Assistant Elementary Educational Officer, Rishivandhiyam,
Ariyalur District-605 801
5.The Block Educational Officer
O/o.The Block Educational Officer, Rishivandhiyam Block,
Ariyalur District-605 801
6.The District Educational Officer(elementary)
O/o.The District Educational Office, Ariyalur District
7.The Assistant Elementary Educational Officer
O/o.Assistant Elementary Educational Officer, Rishivandhiyam,
Ariyalur District-605 801
8.The Block Educational Officer
O/o.The Block Educational Officer, Rishivandhiyam Block,
Ariyalur District-605 801
9. The Public Prosecutor, High Court,Madras.
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G.K.ILANTHIRAIYAN J.
rpp
AND WP NO. 41161 OF
06-11-2025
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