Madras High Court
Esther Ruby vs The Director Of School Education on 15 September, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD) No.15308 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.15308 of 2021
and
W.M.P.(MD) No.12205 of 2021
Esther Ruby ... Petitioner
-vs-
1.The Director of School Education
DPI Compound
College Road, Chennai
2.The Chief Educational Officer
Kanyakumari District
Nagercoil
3.The District Educational Officer
Kuzhithurai Educational District
Kuzhithurai, Kanyakumari District
4.The Headmaster
Government Higher Secondary School
Kollancode
Kanyakumari District ... Respondents
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W.P.(MD) No.15308 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorari calling for the entire record pertaining to the impugned
order of recovery passed by the 4th respondent in Na.Ka.No.25/2021 dated
02.08.2021 calling the petitioner to refund the incentive received for M.A.
from 20.12.2010 and quash the same as bad-in-law.
For Petitioner : Mr.P.M.Vishnuvarthanan
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
ORDER
This writ petition has been filed challenging the impugned
recovery order dated 02.08.2021, passed by the fourth respondent, calling
upon the petitioner to refund the incentive increment received by her for M.A.,
degree qualification, from 20.12.2010.
2. The petitioner has challenged the impugned recovery order, on
the following grounds:
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(a) The impugned recovery order is barred by limitation,
as the petitioner had availed the incentive increment
on 20.12.2010. Whereas, the impugned recovery
order has been issued only on 02.08.2021, after a
lapse of 11 years.
(b) Prior permission is not required for the Government
servant to obtain higher educational qualification.
3. Learned counsel for the petitioner has relied upon the following
authorities in support of his contentions:
(a) A Division Bench Judgment of the Madras High Court,
dated 24.07.2023, passed in W.A.(MD) No.1124 of
2023, in the case of the Joint Director of School
Education and others vs. S.Vasugi and another.
(b) A Division Bench Judgment of the Madras High Court,
dated 16.04.2021, passed in W.A.(MD) No.813 of 2021,
in the case of the Director of School Education and
others vs. G.Anandhi and another.
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4. Relying upon the aforesaid decisions, learned counsel for the
petitioner would submit that as seen from the aforesaid decisions, there is no
requirement for the petitioner to obtain prior permission to acquire higher
educational qualification, as acquiring higher educational qualification is only
to encourage the teachers to enhance the quality of education.
5. Learned counsel for the petitioner also drew the attention of
this Court to the following authorities in support of his contention that the
impugned recovery order is barred by limitation:
(a) A Judgment of the Honourable Supreme Court in the
case of State of Punjab & Ors vs. Rafiq Masih
(White Washer), reported in AIR 2015 SC 696.
(b) A Judgment of the Honourable Supreme Court, dated
04.04.2025, passed in S.L.P.(C) No.5918 of 2024, in
the case of Jogeswar Sahoo & Ors., vs. The District
Judge, Cuttack & Ors.
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6. Relying upon the aforesaid decisions, learned counsel for the
petitioner would submit that the impugned recovery order is barred by
limitation, since the same has been passed in respect of the payments made to
the petitioner in the year 2010 i.e., after a lapse of 11 years.
7. A counter affidavit has been filed by the respondents reiterating
the contents of the impugned order. According to the respondents, since there
is no entry in the service records of the petitioner for acquiring higher
educational qualification, the incentive increment granted to the petitioner
had to be cancelled and the impugned recovery order had to be issued.
8. The law is now well settled with regard to making recovery of
excess / erroneous payments by the Government to its employees. The law is
also now well settled with regard to the requirement of a Government servant
to seek prior permission for obtaining higher educational qualification. Insofar
as the recovery of erroneous payments made by the Government to its
servants, the said recovery can be made only within a reasonable period.
Directions have been issued by the Honourable Supreme Court in the case of
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State of Punjab & Ors vs. Rafiq Masih (White Washer), reported in AIR
2015 SC 696, wherein strict timeline has been fixed for recovery of any
erroneous / excess payments made by the Government to its servants. In the
case on hand, the impugned recovery order issued to the petitioner on
02.08.2021 pertains to the alleged erroneous payments made by the
respondents to her in the year 2010 for the petitioner having obtained higher
educational qualification without obtaining prior permission from the
respondents. Since the respondents have passed the impugned recovery
order, after a lapse of 11 years, this Court is of the considered view that the
delay on the part of the respondents to recover the erroneous payments from
the petitioner is an inordinate one and cannot be condoned by this Court as it
is contrary to the directions issued by the Honourable Supreme Court in
White Washer's case, referred to supra.
9. The law is also now well settled that there is no requirement for
the Government servants to seek prior permission for obtaining higher
education qualification. In the instant case, the petitioner had acquired
M.A.degree qualification without obtaining prior permission from the
respondents. The petitioner also claims that she had informed the fourth
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respondent that she is going to acquire educational qualification (M.A.Degree).
Though the respondents may contend that they were not informed about the
same as the service records of the petitioner does not reveal that the petitioner
had obtained M.A.Degree qualification, the said contention has to be rejected,
since the law is now well settled that there is no requirement for an employee
to seek prior permission for acquiring educational qualification, as the higher
education qualification is only in the nature of enhancing the quality of
education to the students. The Division Bench Judgments relied upon by the
learned counsel for the petitioner, referred to supra, also supports the said
view.
10. For the foregoing reasons, since the impugned recovery order
has been issued belatedly i.e., after a lapse of 11 years from the date when the
alleged erroneous payments were made to the petitioner and there is no
necessity for the petitioner to obtain prior permission for securing higher
educational qualification, this Court is of the considered view that the
impugned order passed by the fourth respondent has to be quashed and this
writ petition has to be allowed.
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11. Accordingly, this writ petition is allowed and the impugned
recovery order dated 02.08.2021, passed by the fourth respondent, is hereby
quashed. No costs. Consequently, connected miscellaneous petition is closed.
15.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Director of School Education,
DPI Compound,
College Road, Chennai.
2.The Chief Educational Officer,
Kanyakumari District,
Nagercoil.
3.The District Educational Officer,
Kuzhithurai Educational District,
Kuzhithurai, Kanyakumari District.
4.The Headmaster,
Government Higher Secondary School,
Kollancode,
Kanyakumari District.
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ABDUL QUDDHOSE, J.
krk
and
15.09.2025
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