Madras High Court
WP(MD)/28699/2026 of Hemavathi M Vs The Finance Advisor and Chie on 5 October 2026
WP(MD) No. 28699 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 28699 of 2026
CNR:{HCMD011405902026}
and WMP(MD)Nos.21770 and 21771 of 2026
Hemavathi M
W/o.Edwin Kirubai Dass,
Working as Graduate Assistant (Teacher),
C.S.I.Union Middle School,
Palayankottai,
..Petitioner(s)
Vs
1. The Finance Advisor and Chief Accounts Officer Directorate of Elementary Education, Chennai - 600 006
2. The Director of Elementary Education, College Road, Chennai - 600 006
3. The Block Educational Officer (BEO),
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 3rd Respondent in Roc.
No. 0755/A3/2026 dated 18-03-2026, quash the same as illegal, arbitrary, and void, and consequently direct the Respondents to continue to extend the benefits of the higher education incentive increment for Periltoners M.Phil degree with all attendant service benefits, and pass such further or other orders as this
WP(MD) No. 28699 of 2026
Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s):
Mr.A. Chandrakumar
Advocate
For Respondent(s):
Mr.G.Mohan Kumar,
Additional Government Pleader
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ORDER
The petitioner, working as a Graduate Assistant (Teacher) at CSI Union Middle School, Palayankottai, was granted an incentive increment for acquiring higher qualification of M.Phil. Degree through distance education. While so, the 3rd respondent, based on the audit objection, issued the impugned recovery notice dated 18.03.2026 stating that the M.Phil Degree acquired through distance education cannot be recognized for incentive increment in accordance with G.O.Ms.No.94, dated 12.09.2007. Challenging the same, the present writ petition has been filed.
2. The impugned proceeding in this writ petition is in the form of a show cause notice. Therefore, this Court is not inclined to entertain this writ petition.
3. It is reported that the petitioner has already offered his explanation to the show cause notice.
WP(MD) No. 28699 of 2026
4. Therefore, this writ petition is dismissed with liberty to the petitioner to offer her additional explanation to the impugned show cause notice, if so advised. The respondents shall consider the petitioner’s explanation and pass orders on merits and in accordance with law, within a period of eight weeks. No costs. Consequently, connected miscellaneous petitions are closed. 05-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ogy To
1. The Finance Advisor and Chief Accounts Officer Directorate of Elementary Education, Chennai - 600 006
2. The Director of Elementary Education, College Road, Chennai - 600 006
3. The Block Educational Officer (BEO),
WP(MD) No. 28699 of 2026 B.PUGALENDHI, J. ogy WP(MD) No. 28699 of 2026 05-10-2026