Disposed¶44

Government Aided Primary School v. the Director of Elementary Education

Madras HC5 Jun 2025WP/17558/2025

Case brief

AI extract

What is this about?

Incentive increment; Secondary Grade Teacher; B.Ed Degree increment restoration; M.A (Tamil) increment; G.O.Ms.No.37 Personnel and Administrative Reforms (FR-IV) dated 10.03.2020; G.O.Ms.No.95 Human Resources Management (FR-IV) dated 26.10.2023; direction to consider fresh representation; Government Aided Primary School Therku Melur Thenkuthu Kurinjipadi Cuddalore; Director of Elementary Education; District Educational Officer (Elementary); Block Educational Officer; writ disposed, no costs; Madras High Court; C. Kumarappan J.; 05-06-2025.

What did the court decide?

No substantive relief adjudicated. Writ petition disposed of with directions: petitioner to submit a fresh representation within two weeks; respondents to consider it and pass orders within four weeks thereafter; no costs. ¶44

Government Aided Primary School Vs the Director of Elementary Education — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents ought to be directed to restore the incentive increment already sanctioned to Tmt. H. Vanitha, Secondary Grade Teacher, for acquiring a B.Ed Degree. +1 more

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Ratio / Principle

The petitioner was directed to submit a fresh representation within a period of two (2) weeks from the date of receipt of a copy of the order.

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Key takeaways

On receipt of such fresh representation, the respondents were directed to consider the same and pass orders within four (4) weeks thereafter.ratio¶42
With the above directions, the Writ Petition stands disposed of, with no costs; the substantive claim for incentive increments was not adjudicated on merits.ratio¶44

Detailed headnote1 paragraphs

Madras High Court (C. Kumarappan J.) disposed of WP No. 17558 of 2025 filed by a Government Aided Primary School (Therku Melur @ Thenkuthu, Kurinjipadi Taluk, Cuddalore District) seeking restoration of the incentive increment sanctioned to its Secondary Grade Teacher Tmt. H. Vanitha for acquiring a B.Ed Degree, and sanction of incentive increment for her M.A (Tamil) Degree acquired prior to G.O.Ms.No.37, Personnel and Administrative Reforms (FR – IV) Department dated 10.03.2020, together with reasonable interest and consequential benefits. The Special Government Pleader contended the teacher was not eligible in view of G.O.Ms.No.95, Human Resources Management (FR – IV) Department dated 26.10.2023, but submitted that a fresh representation would be considered on its own merits and in accordance with law. The Court directed the petitioner to submit a fresh representation within two weeks and the respondents to consider it and pass orders within four weeks thereafter; the writ petition stood disposed of with no costs. The substantive entitlement was left open and not adjudicated.

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WP No. 17558 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-06-2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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WP No. 17558 of 2025

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Government Aided Primary School Therku Melur @ Thenkuthu Kurinjipadi Taluk, Cuddalore District. Rep. By Its Secretary, A. Pandurangan, S/o Ayyakannu

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Petitioner(s)

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1.The Director Of Elementary Education DPI Campus, College Road, Chennai 600 006

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2.The District Educational Officer (Elementary) Cuddalore, Cuddalore District

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3.The Block Educational Officer Kurinjipadi Block, Cuddalore District

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Respondent(s)

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https://www.mhc.tn.gov.in/judis

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WP No. 17558 of 2025

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PRAYER

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Directing the respondents to pass orders restoring the incentive increment to Tmt. H.Vanitha, Secondary Grade Teacher, working in the Petitioner School already sanctioned for acquiring B.Ed Degree and to sanction incentive increment for M.A (Tamil), Degree acquired prior to G.O.Ms.No.37, Personnel and Administrative Reforms Department dated 10.03.2020, along with reasonable interest for delay in payment of incentive increment till date of payment, with all consequential and other attendant benefits, based on the representation lastly submitted by the petitioner School dated 02.12.2020.

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For Petitioner(s): Mr. S.Nedunchezhiyan For Respondent(s): M/s.Mythreye Chandru Special Government Pleader

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ORDER

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The instant writ petition has been filed to direct the respondents to pass

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orders restoring the incentive increment to Mrs.H.Vanitha, Secondary Grade

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Teacher, working in the petitioner School, already sanctioned for acquiring a B.Ed Degree. Additionally, the petition seeks to sanction an incentive increment for an M.A (Tamil) Degree acquired prior to G.O.Ms.No.37, Personnel and Administrative Reforms (FR – IV) Department dated 10.03.2020, along with reasonable interest for delay in payment of incentive increment till the date of

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payment, and all consequential benefits, based on the representation lastly

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https://www.mhc.tn.gov.in/judis

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WP No. 17558 of 2025

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submitted by the petitioner School dated 02.12.2020.

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The learned counsel for the petitioner would submit that one

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Mrs.H.Vanitha was appointed as Secondary Grade Teacher in the petitioner

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school of 31.08.2008. While in service, she acquired a B.Ed Degree with prior

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permission from the Department and the same was duly recorded in the Service

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Register. The petitioner School submitted a proposal to the District Educational Officer (Elementary) for granting an incentive increment to the Teacher. Though

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such request was given to the District Educational Officer and the same was not considered by them for all these years which necessitated the petitioner to give various representations, including the last representation on 02.12.2020 and the proposal was not considered by the respondents.

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The learned Special Government Pleader appearing on behalf of the

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respondents would contend that the petitioner is not eligible for the incentive increment in view of G.O.Ms.No.95, Human Resources Management (FR – IV)

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Department dated 26.10.2023. However, the learned Special Government

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https://www.mhc.tn.gov.in/judis

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WP No. 17558 of 2025

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Pleader submits that if the petitioner submits a fresh representation, it would be

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considered on its own merits and in accordance with the law.

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