S.Santhakumar, v. The Principal Secretary to Government

JUDGMENT (Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the cancellation of incentive increment, refixing the pay and the consequential recovery, a batch of writ petitions were filed. The learned Single Judge by a common order dated 29.08.2025, though sustained the cancellation, set aside the recovery. The present appeal is filed by the appellant herein against the order made in W.P(MD)No.35762 of 2025 dated 07.01.2026. It is also stated that as against the said common order, a batch of writ appeals were filed by some of the writ petitioners in W.A(MD)No.2748 of 2025 etc., batch and the Division Bench by a common judgment dated 09.01.2026, has quashed both the orders re-fixing the pay of the teachers and the recovery. The relevant passage of the said judgment is as follows: ''25.As per the above ratio, the proceedings dated

24.08.2016, which is the root cause for all the litigations, became ipso facto, not binding on the petitioner, and the same is illegal. Therefore, this Court is of the firm view that any teacher who acquires a higher qualification in the subjects which are part of the syllabus for the higher secondary classes is entitled for incentive increments as stipulated in G.O.Ms.No. 324 dated 25.04.1995. It is relevant to note that these teachers have received the increment for more than a decade.

¶26Accordingly, in view of the above detailed discussions, the impugned orders, which are refixing the pay, and for recovery is set aside. .....''

¶2The appellant herein who is also placed on the same footing, is also entitled to the same relief. Accordingly, the order impugned in this appeal is set aside and the orders impugned in the writ petition which are refixing the pay of the appellant herein and recovery, are set aside.

¶3The Writ Appeal is allowed accordingly. No costs. [N.S.K., J.] & [M.J.R., J.]

01.06.2026 Index : Yes / No : Ye / No am To

1.The Principal Secretary to Government, Finance Department, Government of Tamilnadu, Fort St. George, Chennai-09.

2.The Director of Elementary Education, Perasiriyar Anbazhagan kalvi Valagam, College Road, Chennai-600 006.

3.The District Educational Officer (Elementary) Tanjore, Tanjore District.

4.The Block Educational Officer, Thiruvidaiaruthur Block, Tanjore District.

5.The Principal Accountant General (A & E), Office of the Accountant General, 361, Teynampet, Chennai, Chennai. N.SATHISH KUMAR

, J.

AND

M.JOTHIRAMAN, J. am

01.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.06.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN S.Santhakumar ... Appellant Vs. 1.The Principal Secretary to Government, Finance Department, Government of Tamilnadu, Fort St. George, Chennai-09. 2.The Director of Elementary Education, Perasiriyar Anbazhagan kalvi Valagam, College Road, Chennai-600 006. 3.The District Educational Officer (Elementary) Tanjore, Tanjore District. 4.The Block Educational Officer, Thiruvidaiaruthur Block, Tanjore District. 5.The Principal Accountant General (A & E), Office of the Accountant General, 361, Teynampet, Chennai, Chennai. ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.35762 of 2025, dated 07.01.2026. For Appellant : Mr.J.Mathesh For R1 to R4 : Mr.B.Saravanan Senior Counsel for Mr.M.P.Senthil Counsel for State of Tamilnadu