Writ petition challenging the recovery of incentive increments paid for M.Phil. qualification disposed of as premature. The Court held that the matter should await formal orders issued after due process following the audit objection.
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.11273 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.11273 of 2024
and
WMP.No.12365 of 2024
1.D.S.Krishameni
2.B.Maheswari ... Petitioners
-Vs-
New Delhi 110 002. ... Respondents
Page 1 of 5
W.P.No.11273 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 petitioners 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 petitioners.
For Petitioners : Mr.N.Umapathi
For Respondents : Mr.V.Manoharan Addl. Government Pleader for R2 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 petitioners for having qualified M.Phil., degree granted by the 5th respondent and for consequential direction to continue to pay the incentive increment to the petitioners.
order has been passed, the petitioners apprehends because already there is an audit objection and the same is produced before this Court.
https://www.mhc.tn.gov.in/judis Page 2 of 5
W.P.No.11273 of 2024
26.04.2024
Index : Yes Speaking order: Yes jas
Page 3 of 5
W.P.No.11273 of 2024
To
New Delhi 110 002.
Page 4 of 5
W.P.No.11273 of 2024
D. BHARATHA CHAKRAVARTHY, J.
jas
W.P.No.11273 of 2024 and WMP.No.12365 of 2024
26.04.2024
Page 5 of 5
1 issue framed by the court
Whether a writ petition challenging the recovery of incentive increments is maintainable at the stage of an audit objection before any formal recovery order is passed?
1 provisions across 1 enactments
D.S. Krishameni
B. Maheswari
The Regional Accounts Officer (Audit), Department of School Education
The Director, Directorate of School Education
The Chief Educational Officer, Tiruppur
The Head Master, Government Higher Secondary School, Komarlingam
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
