The District Educational Officer Vs C.Ramesh Kumar — Madras HC (2026) — LawSathi Research

The District Educational Officer Vs C.Ramesh Kumar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Incentive increment granted to the first respondent with effect from the date on which the application was made; respondents to calculate benefits and pay arrears within twelve weeks from receipt of a copy of the order; no costs; connected miscellaneous petition C.M.P(MD)No.1803 of 2021 closed.

Issue for consideration

Whether prior permission is necessary for a teacher to obtain incentive increment for acquiring a higher qualification, i.e., whether the rejection of the request solely on the ground of non-obtaining of prior permission was sustainable.

Court's answer

Prior permission is not necessary for obtaining incentive increment on acquisition of a higher qualification; this Court has consistently held so, as reflected in the Division Bench decision in Joint Director of School Education v. S.Vasugi (which, referring to Tamil Rajan, held no prior permission is required).

Ratio / Principle

The sole ground on which the incentive increment request was rejected does not survive, and the writ Court cannot be faulted for having allowed the writ petition.

Key takeaways

The Writ Appeal fails and is dismissed; the respondents must grant incentive increment with effect from the date the application was made, calculate the benefits and pay the arrears within twelve weeks of receipt of a copy of the order; no costs; connected miscellaneous petition closed.ratio¶34

Detailed headnote1 paragraphs

Writ Appeal (Madurai) – Incentive increment for higher qualification – prior permission not required. Head Master C.Ramesh Kumar's claim for incentive increment was rejected solely on the ground that he had not obtained prior permission. Holding that the issue was no longer res integra and that this Court has consistently held prior permission unnecessary — as per the Division Bench in Joint Director of School Education v. S.Vasugi (W.A(MD)No.1124 of 2023, dt. 24.07.2023), which referred to Tamil Rajan (W.P(MD)No.4019 of 2018) — G.R.Swaminathan and R.Kalaimathi JJ. held that the sole ground of rejection did not survive and declined to fault the writ Court's order dated 10.12.2020 in W.P(MD)No.18120 of 2020. The writ appeal under Clause 15 of Letters Patent was dismissed with a direction to grant incentive increment from the date of application and pay calculated arrears within twelve weeks; no costs; connected C.M.P(MD)No.1803 of 2021 closed. Decided 21.01.2026.

W.A.(MD)No.448 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A(MD)No.448 of 2021

and

C.M.P(MD)No.1803 of 2021

1.The District Educational Officer, Sivakasi Educational District, Sivakasi,

Virudhunagar District.

2.The Block Educational Officer – I, Vembakkottai, Virudhunagar District.

... Appellants / Respondents 1 & 2

Vs.

1.C.Ramesh Kumar, S/o.M.Chandra Mohan, Head Master, Nadar Mahamai Primary School, Elayirampannai, Virudhunagar District.

... 1^st Respondent / Writ Petitioner

2.The Secretary, Nadar Mahamai Primary School, Elayirampannai, Virudhunagar District.

... 2^nd Respondent / 3^rd Respondent

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W.A.(MD)No.448 of 2021

Prayer:

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 10.12.2020 passed in W.P(MD)No.18120 of 2020.

For Appellants : Mr.T.Amjad Khan Government Advocate For Respondents : Mr.T.Pooventhera Rajan for R.1 No Appearance for R.2

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.)

The issue relates to grant of incentive increment. The request for incentive increment was rejected on the ground that the first respondent teacher has not obtained prior permission. The issue is no longer res

integra .

2.This Court has been consistently holding that prior permission is not necessary. The Division Bench of this Court in the Joint Director of School Education Vs. S.Vasugi in W.A(MD)No.1124 of 2023 dated 24.07.2023 , after referring the earlier judgments in Tamil Rajan Vs. The State of Tamil Nadu Represented by its Secretary Department of School Education, Chennai – 9 in W.P(MD)No.4019 of 2018 has held

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W.A.(MD)No.448 of 2021

that no prior permission is required for obtaining higher qualification. The sole ground on which the request was rejected does not survive. Therefore, we are unable to fault the writ Court having allowed the writ petition. The Writ Appeal fails. Accordingly, the same is dismissed. The respondents will grant incentive increment with effect from the date on which the application was made and calculate the benefits and pay the arrears within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [R.K.M, J.] 21.01.2026

NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA

To

The Secretary, Nadar Mahamai Primary School, Elayirampannai, Virudhunagar District.

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W.A.(MD)No.448 of 2021

G.R.SWAMINATHAN,J.

AND R.KALAIMATHI, J. MGA

W.A(MD)No.448 of 2021

21.01.2026

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