WP(MD)/29136/2026 of A.S.Arumugam Vs The State of Tamil Nadu on 12 October 2026

O R D E R

The petitioner, who served as a Vocational Instructor in an aided Higher Secondary School, retired from service on 30.11.2025. While he was in service, the petitioner is said to have obtained PG Diploma in Electrical Safety and Safety Management and ME degree in May 2010 and November 2015 respectively. The petitioner is said to have submitted an application seeking incentive increment for his higher qualification of ME degree, however, the same has not been provided to the petitioner. Therefore, the petitioner is before this Court.

2. The learned Special Government Pleader appearing for the respondents by referring to the orders of the Full Bench of this Court in WP.No.27261 of 2019 etc., batch dated 11.06.2026 submits that the issue has already been settled by the Government, which has also been accepted by the Full Bench and as such the above orders were passed. He further by referring to class 8 (ii) and (ix) of GO.Ms.No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023 submits that in view of this Government order, the petitioner is not entitled for the incentive increment. The learned Special Government Pleader has also relied on paragraph No.9 of order dated 11.06.2026 of the Full Bench and submits that the applications submitted after the cut off date as per the government order, need to be considered in accordance with the said government order.

3. In view of the order passed by the Honourable Full bench of this Court in WP.No.27261 of 2019 etc., batch dated 11.06.2026, this Court is not inclined to grant any relief to this petitioner. For better appreciation, the relevant portion from the above order is extracted as under:-

8. A holistic reading of the New Policies implemented through G.O.Ms.No.37, Personnel and Administrative Reforms (FR- IV) Department, dated 10.03.2020 and G.O.(Ms) No.95,

Human Resources Management (FR-IV) Department, dated 26.10.2023 amplifies that employees, who were sanctioned advance incentive increment prior to issuance of G.O.Ms.No.37, dated 10.03.2020, shall be protected. If at all any recovery is made due to Audit objection or otherwise, those recoveries of excess pay alone are also set aside in view of the fact that recovery of excess pay after long years from the date of sanction would result in hardship to employees.

9. As for as applications pending prior to 10.03.2020, wherein advance increments are not sanctioned and applications submitted after the cut off date of 10.03.2020 are concerned, all such applications are to be strictly considered in accordance with the new scheme implemented by Government vide G.O.Ms No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023. Even in respect of applications submitted prior to the cut off date of 10.03.2020, no right accrued to employees and therefore, such applications are also to be considered in terms of G.O. (Ms) No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023.

10. The above directions are issued with reference to the new incentive increment Scheme introduced in G.O(Ms) No.95, Human Resources Management (FR-IV) Department, dated

26.10.2023. As far as reference made to this Full Bench is concerned, the old incentive increment policy based on G.O.Ms.No.42, Education Department, dated 10.01.1969 was cancelled and is not in force. Therefore, no Government employee is entitled to claim the benefit of incentive increment based on the cancelled incentive increment policy. All such employees are at liberty to submit applications, if not already submitted, claiming incentive increment in tune with the new incentive increment policy implemented in G.O. (Ms) No.95, Human Resources Management (FR-IV) Department, dated 26.10.2023.

4. At this juncture, the learned counsel for the petitioner seeks some indulgence for considering his case, in the light of the observations made by the Honourable Full Bench in paragraph 10 of the above order.

5. In view of the above, this writ petition is disposed of, with a direction to the petitioner to submit a fresh representation to the respondents, in the light of the orders passed by the Honoruable Full Bench in WP.No.27261 of 2019 etc., batch dated 11.06.2026

and the same shall be considered by the respondents in terms of the above referred order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by this petitioner. No costs. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VRN

To

1. The Secretary to the Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Joint Director of School Education Department (Vocational) Directorate Of School Education Department, DPI Campus, College Road, Chennai - 600 006

3. The Chief Education Officer Virudhunagar District, Collectorate, Virudhunagar

4. The District Educational Officer O/o The District Educational Officer, Aruppukottai Post - 626 101, Virudhunagar District

5. The Secretary Devangar Higher Secondary School, Aruppukottai Post - 626 101, Virudhunagar District

B.PUGALENDHI, J. vrn Order made in WP(MD) No. 29136 of 2026 12.10.2026