The Government of Tamil Nadu v. D.Arulvijay

ORDER (Order of the Court was made by G.R.SWAMINATHAN, J.) Heard the learned Government Advocate for the review applicants.

¶2The review applicants want us to review the order dismissing the Government's writ appeal by placing reliance on two orders. They are, the order dated 24.07.2025 in W.A.(MD)No.444 of 2020(The Secretary, Department of School Education, Chennai-600 009 Vs. J.Tamilrajan) and the order dated

04.06.2024 in W.A. No.1763 of 2022(The Commissioner, Directorate of School Education, Chennai 600 006 Vs. M.P.Ravindranath). As regards W.A.(MD)No.444 of 2020, we need to make only one remark. It does not refer to question of obtaining prior permission before acquiring higher qualification. As regards the order dated 04.06.2024, the entire issue revolved around G.O.

(Ms).No.37 Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020. In the case on hand, the writ petitioner obtained higher qualification in the year 2016. Subsequently, the G.O cannot retrospectively take away the accrued rights.

¶3The only issue that was dealt with in the writ appeal was whether the claim for incentive increment could be denied on the sole ground that prior permission was not obtained for acquiring higher qualification. We had not gone into the issue as to the very entitlement of the writ petitioners. The learned single Judge had rightly extracted Clause 6 of the G.O.(Ms).No.37 Personnel and Administrative Reforms(FR-IV) Department, dated 10.03.2020 in the order impugned in the writ petition. As to whether the writ petitioners are entitled will be determined only in terms of the said G.O. The question of issuing any positive direction for grant of incentive increment straightaway would not arise for the present. It calls for an independent examination by the Department and passing an order afresh in the light of the aforesaid G.O. With the aforesaid observation, this review application stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (K.R.S.,J.)

13.07.2026 Index : Yes / No

Internet : Yes / No NCC : Yes / No RMI / PMU

G.R.SWAMINATHAN, J. AND

K.RAJASEKAR, J. RMI / PMU

Rev.Aplc(MD)No.49 of 2026

13.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Rev.Aplc(MD)No.49 of 2026 in W.A.(MD)No.2467 of 2024 & C.M.P.(MD)No.5137 o 2026 1.The Government of Tamil Nadu, Represented by its Secretary to Government, Department of Backward Classes, Most Backward Classes and De-notified Communities and Minorities Welfare, Secretariat, Saint George Fort, Chennai-9. 2.The Government of Tamil Nadu Rep. by its Secretary to Government, Department of Finance, Saint George Fort, Chennai. 3.The Commissioner / The Director, Most Backward and Denotified Communities Welfare Departemnt, Ezhilagam, Chennai-600008. 4.The Joint Director, Kallar Reclamation, Madurai. ... Review Applicants / Appellants Vs. 1.D.Arulvijay 2.A.Olipraba 3.S.Gomathi 4.K.Indumathi 5.M.Balamurali 6.R.Jeyakrishnan 7.E.Vasantha Priya 8.M.Latha 9.C.Chandramohan 10.K.Marimuthu 11.P.Arulbabu (died) 12.S.Ruban Nelson Kumar 13.M.Tamilselvan 14.S.Sarasu 15.R.Suresh Kumar ... Respondents / Respondents 16.P.Periyasamy 17.D.Leelavathy 18.Rani 19.A.R.Ashvita ... Respondents / Respondents PRAYER: Review Application filed under Order 47 Rule 1 & 2 of C.PC praying this Court to review the order dated 28.07.2025 in W.A.(MD)No.2467 of 2024 and allow the above review application. For Petitioner : Mr.P.Rajagopalan Government Advocate (Civil Side) For Respondents : Mr.G.Chandrasekar for R1, R2, R4 to R9, R12 to R14.