- Court
- High Court of Madras
- Decided
- 8 July 2026
- Bench
- P.T. Asha
- Case no.
- WP 25840/2026
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Judgment
Page1 of 11 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WP NO. 25843 OF 2026,WP NO. 25847 OF 2026,WP NO. 25851 OF 2026,WP NO. 25857 OF 2026,WMP NO. 28226 OF 2026,WMP NO. 28229 OF 2026,WMP NO. 28236 OF 2026,WMP NO. 28238 OF 2026,WMP NO. 28245 OF 2026 N. Pushpa ..Petitioner(s) Vs
¶1The Secretary to Government School Education Department, Fort. St George, Chennai 9
¶2The Director of Elementary Education College Road, Chennai 6
¶3The District Educational officer (Elementary) Erode, Erode District
¶4The Block Educational officer II bhavani, Erode District
¶6The Accountant General (A and E) Page2 of 11 Anna Salai, Teynampet, Chennai 600 018 ..Respondent(s) WP No. 25843 of 2026 S. Jothi ..Petitioner(s) Vs
¶1The Secretary to Government School Education Department, Fort. St George, Chennai 9
¶2The Director of Elementary Education College Road, Chennai 6
¶3The District Educational officer (Elementary) Erode, Erode District
¶4The Block Educational officer II bhavani, Erode District
¶6The Accountant General (A and E) Anna Salai, Teynampet, Chennai 600 018 ..Respondent(s) WP No. 25847 of 2026 B. Ramesh Page3 of 11 ..Petitioner(s) Vs
¶1The Secretary to Government School Education Department, Fort. St George, Chennai 9
¶2The Director of Elementary Education College Road, Chennai 6
¶3The District Educational officer (Elementary) Dharmapuri, Dharmapuri District
¶4The Block Educational officer II Nallampalli, Dharmapuri District
¶6The Accountant General (A and E) Anna Salai, Teynampet, Chennai 600 018 ..Respondent(s) WP No. 25851 of 2026 S.Sumathi ..Petitioner(s) Vs
¶1The Secretary to Government School Education Department, Fort. St George, Chennai 9
¶2The Director of Elementary Education Page4 of 11 College Road, Chennai 6
¶3The District Educational officer (Elementary) Erode, Erode District
¶4The Block Educational officer II bhavani, Erode District
¶6The Accountant General /(A and E) Anna Salai, Teynampet, Chennai 600 018 ..Respondent(s) WP No. 25857 of 2026 G.Rani ..Petitioner(s) Vs
¶1The Secretary to Government School Education Department, Fort. St George, Chennai 9
¶2The Director of Elementary Education College Road, Chennai 6
¶3The District Educational officer (Elementary) Cuddalore, Cuddalore District Page5 of 11
¶4The Block Educational officer Kurinjipadi, Cuddalore District
¶6The Accountant General /(A and E) Anna Salai, Teynampet, Chennai 600 018 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus Calling for the records of 4th Respondent relating to Na.Ka. No 616/ A2 / 2020, dated
13.06.2022 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension. WP No. 25843 of 2026 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus Calling for the records of 4th Respondent relating to Na.Ka. No 1517/ Aa1/ 2023, dated
10.07.2023 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension. WP No. 25847 of 2026 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus Calling for the records of 4th Respondent relating to Na.Ka. No 1203 / A5/ 2026, dated
02.04.2026 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension. Page6 of 11 WP No. 25851 of 2026 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus Calling for the records of 4th Respondent relating to Na.Ka. No 616 / A2/ 2020 , dated
2.06.2022 and Na.Ka.No. 234/Aa1/ 2025 dated 3.02.2025 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension. WP No. 25857 of 2026 Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus Calling for the records of 4th Respondent relating to Na.Ka. No 1082 / A2/ 2020 , dated
21.12.2020 to quash the same and direct the respondents to refund an amount of Rs. 3,75,406/- continuous to pay the incentive increment till retirement and refix the pension, arrears and other monetary benefits. For Petitioner(s): Mr.P.Murali (In all WPs.) For Respondent(s): Mr.K.Sathish,GA for R.1 to R.5 (In all WPs.) COMMON ORDER WP.No.25840 of 2026 has been filed for the following reliefs:- "Calling for the records of 4th Respondent relating to Na.Ka. No 616/ A2 / 2020, dated 13.06.2022 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension." Page7 of 11
2.WP.No.25843 of 2026 has been filed for the following reliefs:- "Calling for the records of 4th Respondent relating to Na.Ka. No 1517/ Aa1/ 2023, dated 10.07.2023 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension.."
3.WP.No.25847 of 2026 has been filed for the following reliefs:- "Calling for the records of 4th Respondent relating to Na.Ka. No 1203 / A5/ 2026, dated 02.04.2026 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension.."
4.WP.No.25851 of 2026 has been filed for the following reliefs:- "Calling for the records of 4th Respondent relating to Na.Ka. No 616 / A2/ 2020 , dated 2.06.2022 and Na.Ka.No. 234/Aa1/ 2025 dated 3.02.2025 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension.."
5.WP.No.25857 of 2026 has been filed for the following reliefs:- "Calling for the records of 4th Respondent relating to Na.Ka. No 616/ A2 / 2020, dated 13.06.2022 to quash the same and direct the respondents to continuous to pay the incentive increment till retirement and pension."
¶6In identical circumstances, this Court in W.P.No.7542 of 2026 dated 02.03.2026 has considered the very same issue involved in the Page8 of 11 present writ petition. Further, the Hon'ble Division Bench in W.A.No.2747 of 2023 dated 28.03.2025 has held as follows: "Today the entire scheme for incentive increments has been withdrawn but the issue as to whether the said withdrawal can be prospective and it cannot operate retrospectively still lingers. We do not see the need to go into the said issue as it is not germane to the facts on hand. Here the respondent has completed M.A. (Economics) in May 2010 and B.Ed in December 2015. Therefore, she is entitled to two sets of advance incentive increments for these two higher qualifications obtained by her. The question of whether MA (Economics) would be useful to the School students or not cannot be gone into by us, as the Government, in its wisdom, had in GO.(Ms).No.324 dated 25.04.1995, consciously decided to confer the benefit of the incentive increments on all teachers who obtained higher qualifications in any subject found in the higher secondary syllabus." Page9 of 11
¶7Since the relief sought for in the present writ petition is squarely covered by the aforesaid decision, these writ petitions are also allowed on the same terms. The impugned proceedings are quashed and the respondents are directed to grant applicable incentive increments to the petitioners for having obtained higher Degrees, together with all consequential benefits and arrears. If any amount has already been recovered, the same shall be refunded to the petitioners forthwith. No costs. Consequently, connected miscellaneous petitions are closed. 08-07-2026 Index: Yes/No Speaking/Non-speaking order SHR Page10 of 11 To
¶1The Secretary to Government School Education Department, Fort. St George, Chennai 9
¶2The Director of Elementary Education College Road, Chennai 6
¶3The District Educational officer (Elementary) Erode, Erode District
¶4The Block Educational officer II bhavani, Erode District
¶6The Accountant General (A and E) Anna Salai, Teynampet, Chennai 600 018
¶7The District Educational officer (Elementary) Dharmapuri, Dharmapuri District
¶8The Block Educational officer II Nallampalli, Dharmapuri District
¶9The District Educational officer (Elementary) Cuddalore, Cuddalore District
10.The Block Educational officer Kurinjipadi,Cuddalore District WPoNo.o25840oofo2026 P.T.ASHAoJ. SHR WPoNo.o25840oofo2026 AND WPoNO.o25843oOFo2026,WPoNO.o25847oOFo2026,WPoNO.o25851oOFo 2026,WPoNO.o25857oOFo2026,WMPoNO.o28226oOFo2026,WMPoNO.o28229o OFo2026,WMPoNO.o28236oOFo2026,WMPoNO.o28238oOFo2026,WMPoNO.o 28245oOFo2026 08-07-2026 Page11oofo11
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