Madras High Court
WP/17821/2020 of S.Annaraj Vs The Director of Elementary Education on 30 September 2026
W.P.No.17821 of 2020
CNR: {HCMA011187132020}
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR.JUSTICE T.VINOD KUMAR
W.P.No.17821 of 2020
and W.M.P.No.22106 of 2020
S.Annaraj,
2/243, Kamaraj Street,
Nirthanamangalam & Post,
Nagapattinam.
...Petitioner
Vs.
1.The Director of Elementary Education,
Chennai – 6.
2.The Chief Educational Officer,
Nagapattinam.
3.The District Educational Officer,
Nagapattinam & District.
4.The Block Educational Officer,
Nagapattinam & District.
...Respondents
This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records pertaining to the order passed by the 3rd Respondent in his Proceedings in Na.Ka.No.935/A6/2020 dated 01.06.2020 and quash the same, and direct the Respondents to pay the incentive increment continuously to the Petitioner for B.Ed., qualification.
For Petitioner
:
No Appearance
For Respondents
:
Mr.J.Pradeep,
Government Advocate
W.P.No.17821 of 2020
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ORDER
Today, when this Writ Petition was taken up for hearing, there is no representation for the Petitioner.
2. Heard Mr.J.Pradeep, learned Government Advocate appearing for the Respondents and perused the materials available on record.
3. By the present Writ Petition, Petitioner has assailed the action of the 3rd Respondent in issuing Proceedings dated 01.06.2020 bearing Na.Ka.No.935/A6/2020, by which, the claim of the Petitioner for being granted incentive increments for B.Ed qualification was rejected.
4. The main contention of the Petitioner as per the Writ Affidavit is that he is entitled for being granted incentive increments in terms of G.O.Ms.No.42 Education Department dated 10.01.1969 for acquiring B.Ed qualification; and that 3rd Respondent vide impugned proceedings had rejected the said claim.
4.1. It is the further contention of the Petitioner that he had acquired B.Ed qualification in the year 2018 and since, G.O.Ms.No.42 was in force on the said date, he is entitled for incentive increment.
W.P.No.17821 of 2020
4.2. It is also contended by the Petitioner that the entitlement or otherwise for being granted incentive increments for possessing B.Ed qualification was the subject matter of consideration before the Full Bench of this Court in W.P.Nos.27261 of 2019 & etc. batch; and that the Full Bench of this Court by Common Order dated 11.06.2026 had held that only those applications which were made and pending consideration on the date of issuance of G.O.Ms.No.37 Personal and Administrative Reforms (FR-IV) Department dated 10.03.2020 would not be entitled for being granted incentive increments under G.O.Ms.No.42 as the said G.O. was cancelled under G.O.Ms.No.37; and that the claim of the Petitioners therein is required to be dealt with in accordance with G.O.Ms.No.95 Human Resources Management (FR-IV) Department dated 26.10.2023.
5. The learned Government Advocate appearing for the Respondents submitted that since the claim of the Petitioner for grant of incentive increments under G.O.Ms.No.42 having been rejected by the 3rd Respondent vide impugned proceedings and in the meantime, G.O.Ms.No.42 having been cancelled by the Government vide G.O.Ms.No.37, the Petitioner cannot maintain his claim for incentive increments.
6. I have taken note of the respective contentions urged.
W.P.No.17821 of 2020
7. At the outset, it is to be noted that on the date when the Petitioner had submitted his application for granting incentive increments, G.O.Ms.No.37 is not in existence at all; and on the other hand, G.O.Ms.No.42 was in force. Thus, Respondents are required to consider the request of Petitioner as per the G.O. which is in force. Mere cancellation of G.O.Ms.No.42 subsequently by issuance of G.O.Ms.No.37 in the year 2020, the action of the Respondents in rejecting the claim of the Petitioner cannot be held to be valid.
8. Further, G.O.Ms.No.37 having been withdrawn subsequently by issuance of G.O.Ms.No.95, the Respondents cannot justify applying the said G.O. to reject the claim made by the Petitioner earlier.
9. However, taking note of the fact that the Full Bench of this Court while disposing of W.P.Nos.27261 of 2019 & etc. batch vide Common Order dated 11.06.2026 having directed the Petitioners therein to make a fresh application for grant of incentive increment in tune with the new incentive increment policy implemented under G.O.Ms.No.95, this Court is of the view that the Petitioner in the present Writ Petition is also to be directed to make a fresh application before the Respondents for grant of incentive increment for possessing B.Ed qualification in the year 2018.
W.P.No.17821 of 2020
10. Accordingly, the Petitioner is directed to submit Application afresh to the Respondent Authorities. On submission of such Application by the Petitioner, the Respondent Authorities shall consider the same in accordance with the Government Orders in force, without reference to G.O.Ms.No.37 Personal and Administrative Reforms (FR-IV) Department dated 10.03.2020.
11. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed. 30-09-2026 mrr Index: Yes/No Speaking/Non-Speaking Order Neutral Citation: Yes/No To
1. The Director of Elementary Education, Chennai – 6.
2. The Chief Educational Officer,
3. The District Educational Officer, Nagapattinam & District.
4. The Block Educational Officer, Nagapattinam & District.
W.P.No.17821 of 2020
T.VINOD KUMAR, J. mrr W.P.No.17821 of 2020 30-09-2026