A.Shenbagavalli v. The Director of School Education (Service Division)

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR & WMP Nos.35086 and 35087 of 2026 A.Shenbagavalli … Petitioner(s) Vs

¶1The Director of School Education (Service Division) Directorate of School Education DPI Campus College Road Chennai-600 006

¶2Financial Advisor and The Chief Accounts officer Directorate of school Education DPI Campus, college Road Chennai-600 006

¶3The Chief Educational officer O/o.The Chief Educational office The Chief Educational officer Tenkasi

¶4The Headmaster Government Higher secondary school Melagaram Tenkasi District -627 818 ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings having Ref.No.NaKa.No.073512/Aakatha /2024 dt. -/02/2025 raising audit objection from Mother Therasa University Kodaikanal and ordering recovery of the incentive granted to petitioner from 03.09.2018 and quash the same as arbitrary and consequently direct the respondents to continue to pay the incentive increment to the petitioner for having acquired M.Phil Degree through part time mode along with petitioner salary together with arrears if any. Page2 of 6 For Petitioner(s): M/s.K.Chandra For Respondent(s): M/S.P.Mahalakshmi Additional Government Pleader COMMON ORDER This writ petition is filed for the following relief: "calling for the records of the 2nd respondent in proceedings having Ref.No.NaKa.No.073512/Aakatha /2024 dt. -/02/2025 raising audit objection from Mother Therasa University Kodaikanal and ordering recovery of the incentive granted to petitioner from 03.09.2018 and quash the same as arbitrary and consequently direct the respondents to continue to pay the incentive increment to the petitioner for having acquired M.Phil Degree through part time mode along with petitioner salary together with arrears if any"

¶2When the matter is taken up for hearing, it is brought to the notice of this Court that the very same issue involved in this writ petition has been dealt by this Court in writ petition in W.P.No.8296 of 2026 dated 03.03.2026, wherein, it is observed as follows: "2.When the matter was taken up for hearing, it was informed that a Hon'ble Division Bench of this Court had an occasion to consider a similar case in WA.No.2328 of 2018 and etc., batch, and passed judgment dated 04.08.2023, wherein, this Court has held as follows: "33. In this context, the learned Government Pleader appearing for the State has relied upon the G.O.Ms.No.91, Higher Education Department, dated 03.04.2009 and has stated that the Government by the said G.O, declared that the M.Phil and Ph.D degree obtained through the correspondence or Distance Education or Open University system are ineligible for Government appointments and appointment as lecturers in colleges or Page3 of 6 Universities including self-financing colleges, therefore the import of the said G.O.Ms.No.91, dated 03.04.2009 if it is implemented that will stand in the way for extending the benefit of advance incentive increment to the teachers.

¶34However, the said submission made by the learned Government Pleader is liable to be rejected because, the said G.O has only mentioned about the eligibility for a person to get employment. Here, the teachers, as per earlier qualification acquired already, been appointed as teachers or lecturers and the benefit now questioned is only the grant of advance incentive increment for having acquired the higher qualification. Therefore, the G.O.Ms.No.91 dated 03.04.2009 issued by the Higher Education Department does not deal with anything about the allowing of advance incentive increment to the teachers, who acquired higher qualification, therefore, that argument made by the learned Government Pleader also is to be rejected and accordingly, it is rejected.

¶35In the result, the following orders are passed in these writ appeals: That the impugned order passed by the writ Court dated 

06.09.2018 is set aside. As a sequel, the impugned order that was challenged before the Writ Court in the respective petitions is also set aside to the extent that those teachers who had studied in the Vinayaka Mission's University during the relevant point of time i.e., 2007 to 2009 since had acquired the qualification during the period which the University also enjoyed the approval or recognition from the DEC, IGNO, the said objection raised by the audit Department would not be sustained. Therefore, on that ground, the incentive increment already allowed to these teachers need not be disturbed. If the increment already been allowed to these teachers have been cancelled or stopped by virtue of the order, which is impugned herein, the same shall be restored and the arrears to that effect shall be calculated and be paid to the teachers/appellants. To that extent, all these writ appeals are allowed. No costs. Connected miscellaneous petitions are closed." Therefore, in view of the above judgment passed by the Hon'ble Division Bench of this Court, this writ petition is allowed. Consequently, connected miscellaneous petitions stand closed. No costs" Page4 of 6

¶3The learned Additional Government Pleader appearing for the respondent also does not dispute the legal position and the averments that the aforesaid order dated 03.03.2026 applies with all force to the case on hand.

¶4In the light of the above, this writ petition is allowed on the same lines of the above extracted order. Consequently, the connected miscellaneous petitions, if any, shall stand closed. No costs. 13-08-2026 Index: Yes/No Speaking/Non-speaking order skr Page5 of 6 To

¶1The Director of School Education (Service Division) Directorate of School Education DPI Campus College Road Chennai-600 006

¶2Financial Advisor and The Chief Accounts officer Directorate of school Education DPI Campus, college Road Chennai-600 006

¶3The Chief Educational officer O/o.The Chief Educational office The Chief Educational officer Tenkasi

¶4The Headmaster Government Higher secondary school Melagaram Tenkasi District -627 818 WPoNo.o31895oofo2026 MUMMINENIoSUDHEERoKUMAR,oJ. skr WPoNo.o31895oofo2026 13-08-2026 Page6oofo6