WP/10031/2021 of S.Dhanapackiyam Vs The State of Tamil Nadu on 1 October 2026

COMMON ORDER

Since, the challenge in all these writ petitions is to the action initiated by the 4th respondent by issuing proceedings for recovery, the same are heard together and are being disposed of by this common order.

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing on behalf of the respondents and perused the records.

3. The petitioners, by the present writ petitions, have assailed the action of the fourth respondent in issuing proceedings dated 23.10.2019, seeking to recover incentive increments granted to the petitioners under G.O.No.42, Education Department, dated 10.01.1969, pursuant to the proceedings in O.Mu.No.592 / 2019/A1.

4. The learned counsel for the petitioners submitted that despite the petitioners having been granted incentive increment way back on 16.12.2010,

02.06.2010, 16.12.2010, 10.12.2014 respectively, the fourth respondent by issuing the impugned proceedings dated 23.10.2019, has not only sought to recover incentive increments granted to them on 16.12.2010, 02.06.2010, 16.12.2010 and 10.12.2014 respectively, but also sought to re-fix the petitioners’ salary by excluding the incentive increments already granted.

5. It is further case of the petitioners that the Hon’ble Full Bench of this Court while considering the very same issue, namely, whether the incentive increment granted under G.O.Ms.No.42, Education Department, dated 10.01.1969 can be withdrawn by G.O.Ms.No.37, Personnel and Administrative Reforms (FR-IV) Department, dated 10.03.2020, had held that wherever incentive increments granted prior to the issuance of the said G.O.Ms.No.37, not only can no recovery be made, but continuation of the incentive increments already granted also stands protected.

6. It is further contended by the petitioners that the Hon’ble Full Bench of this Court permitted the respondents to consider only those applications which are pending consideration as on 10.03.2020 (i.e., on the date of issuance of G.O.Ms.37), to be dealt with under G.O.Ms.95, Human Resources Management (FR-IV) Department dated 26.10.2023 and cannot be processed under G.O.Ms.37, since, the said Government Order stood cancelled. This Court further held that all such applicants are required to make a fresh applications, which would be considered in terms of the Government policy framed under G.O.Ms.95 dated 26.10.2023.

7. Thus, the petitioners contended that since, he had been granted incentive increments way back on 16.12.2010, 02.06.2010, 16.12.2010 and 10.12.2014 respectively, the aforesaid observations of the Full Bench of this Court cannot be made applicable to them, calling upon them to submit application once again and the incentive increments already granted are protected and are to be continued. Thus, the impugned proceedings are illegal.

8. On behalf of the respondents, it is contended that by following the Full Bench decision of this Court, a Co-ordinate Bench of this Court in W.P.No.14561 of 2025, by order dated 25.06.2026, wherein proceedings in Na.Ka.No.2516/Aa1/2024 dated 27.01.2025, was challenged, held that the Full Bench had only protected the recovery of the incentive increments already granted and that the petitioners therein was required to make a fresh application, to be considered under G.O.Ms.No.95; and that the continuation of incentive increments in this said case is concerned, the same was confined to the petitioners therein for the purpose of pension, and cannot be applied to all cases.

9. I have taken note of the contentions urged by the learned counsel on either side.

10. At the outset, the claim of the respondents seeking to withdraw the incentive increments that were granted more than a decade back on the basis of the subsequent Government Orders issued, cannot be permitted. Further, the Full Bench of this Court, having considered the issue relating to the incentive increments granted from the date of issuance of G.O.Ms.No.42 till the date of issuance of G.O.Ms.No.37, and having held that it is only those applications which were made and pending consideration on the date of issuance of G.O.Ms.No.37 dated 10.03.2020 are not entitled for being granted incentive increment under the G.O.Ms.No.42 and G.O.Ms.No.37 having been cancelled subsequently vide G.O.Ms.No.95 dated 26.10.2023, and are required to be dealt with in accordance with the new G.O.Ms.No.95, the contention urged on behalf of the respondents cannot be countenanced.

11. Further, the petitioners as noted herein above, having been sanctioned and paid incentive increment since, the date of sanction viz., 16.12.2010, 02.06.2010, 16.12.2010, 10.12.2014 respectively, the respondents are, not only precluded from taking any action to recover the incentive increments already granted on the basis of the said G.O.Ms.No.37 or the petitioners required to make application afresh to be considered under G.O.Ms.No.95 on the ground that the said incentive increments already granted, are required to be processed in terms of the subsequent G.O. issued vide G.O.Ms.No.95. Thus, this Court is of the view that the respondents cannot be permitted to re-visit the incentive increments which were granted on the basis of the G.O., which was in vogue at the relevant point of time, acting on which Government Order incentive has been granted.

12. In view of the above, this Court is of the considered view that the impugned proceedings, by which, the respondents sought to recover the incentive increments granted to the petitioner in the year 2010 and 2014 respectively or to re-fix the pay of the petitioners by excluding the incentive increments already granted, cannot be sustained.

13. Accordingly, the Writ Petition is allowed; and the impugned proceedings are set aside. No costs. Consequently, the connected miscellaneous petitions are closed. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MSV

To

1. Principal Secretary to Government School The State of Tamil Nadu Education Department, Secretariat, Fort St.George, chennai-600009

2. The Director of Elementary Education DPI Campus, college Road, chennai-600006

3. The District Educational officer Thiruvarur District, Thiruvarur

4. The Block Educational officer Muthupettai Union, Thiruvarur District

T.VINOD KUMAR J. MSV WP No. 10031 of 2021 AND WMP NO. 10659 OF 2021,WMP NO. 10660 OF 2021,WP NO. 10034 OF 2021,WMP NO. 10665 OF 2021,WMP NO. 10666 OF 2021,WP NO. 10038 OF 2021,WMP NO. 10667 OF 2021,WMP NO. 10668 OF 2021,WP NO. 10040 OF 2021,WMP NO. 10669 OF 2021,WMP NO. 10671 OF 2021 01-10-2026