The Court disposed of the writ petition, which challenged the initiation of action to recover incentive increments paid for an M.Phil. degree, on the ground that the matter was premature as only an audit objection existed and no final order had been passed. The respondents agreed to follow due process before passing orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.10672 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024
CORAM
THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY
W.P.No.10672 of 2024
and
WMP.No.11759 of 2024
A.Alamelumangai ... Petitioner
-Vs-
New Delhi 110 002. ... Respondents
Page 1 of 5
W.P.No.10672 of 2024
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the 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 5th 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.V.Manoharan Addl. Government Pleader for R1 to R4
O R D E R
This writ petition is filed for issuance of a Writ of Mandamus forbearing
the respondents from initiating any action to recover the payment of incentive increment paid to the petitioner for having qualified M.Phil., degree granted by the 5th respondent and for consequential direction to continue to pay the incentive increment to the petitioner.
order has been passed, the petitioner apprehends because already there is an audit objection and the same is produced before this Court.
Page 2 of 5
W.P.No.10672 of 2024
for respondents 1 to 4 submitted that even if there is an audit objection still the writ petition is pre-mature. If only the orders have been passed withdrawing the increment, the petitioner is entitled to move this Court. Even if there is an audit objection, orders would be passed by following due process of law.
26.04.2024
Index : Yes Speaking order: Yes jas
Page 3 of 5
W.P.No.10672 of 2024
To
New Delhi 110 002.
Page 4 of 5
W.P.No.10672 of 2024
D. BHARATHA CHAKRAVARTHY, J.
jas
W.P.No.10672 of 2024 and WMP.No.11759 of 2024
26.04.2024
Page 5 of 5
1 issue framed by the court
Whether the writ petition was maintainable when no final order had been passed by the respondents to recover incentive increments?
1 provisions across 1 enactments
A.Alamelumangai
The Regional Accounts Officer, (Audit), Department of School Education, Coimbatore
The Director, Directorate of School Education, Chennai
The Chief Educational Officer, Tiruppur, Tiruppur District
The Head Master Government Higher Secondary School, Komarlingam, Tirupur
The Registrar Madurai Kamaraj University, Madurai
D. Bharatha Chakravarty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
