The petitioner challenged an audit objection regarding incentive increments paid for his M.Phil. degree. The High Court held the petition premature as no formal order was passed, noting that respondents would follow due process including show cause notices. The petition was disposed of as premature.
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W.P.No.11275 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.11275 of 2024
and
WMP.No.12366 of 2024
K.Balasubramanian ... Petitioner
-Vs-
New Delhi 110 002. ... Respondents
Page 1 of 5
W.P.No.11275 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 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 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.11275 of 2024
26.04.2024
Index : Yes Speaking order:Yes jas
https://www.mhc.tn.gov.in/judis Page 3 of 5
W.P.No.11275 of 2024
To
New Delhi 110 002.
Page 4 of 5
W.P.No.11275 of 2024
D. BHARATHA CHAKRAVARTHY, J.
jas
W.P.No.11275 of 2024
and WMP.No.12366 of 2024
26.04.2024
Page 5 of 5
2 issues framed by the court
Whether a writ petition is maintainable when only an audit objection has been raised but no formal order withdrawing benefits has been passed?
Whether the petitioner is entitled to continue receiving incentive increments pending due process of law?
1 provisions across 1 enactments
K.Balasubramanian
The Regional Accounts Officer, (Audit), Department of School Education
The Director, Directorate of School Education
The Chief Educational Officer, Tiruppur
The Head Master, Narayanasamy Government Higher Secondary School
The Registrar, Gandhigram Rural University
D. BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
