WP/21706/2017 of K.Velumani Vs The Government of Tamilnadu on 30 September 2026

ORDER

Heard Mr.R.Saseetharan, learned counsel for the Petitioners 1 & 4 and Mr.J.Pradeep, learned Government Advocate appearing for the Respondents and perused the materials available on record.

2. By the present Writ Petition, Petitioners have assailed the action of the 2nd Respondent in issuing Proceedings dated 11.08.2016 bearing Na.Ka.No.012605/E1/2015, by which, the claim of the Petitioners for being granted incentive increments for possessing B.Ed Degree qualification was rejected.

3. The learned counsel for the Petitioners contended that the Petitioners 1 & 4 are 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 2nd Respondent vide impugned proceedings had rejected the said claim.

3.1. It is further contended by the learned counsel for the Petitioners that Petitioners 1 & 4 had acquired B.Ed qualification in the year 2010 & 2012

respectively and since, G.O.Ms.No.42 was in force during the relevant period, the Petitioners are entitled for grant of incentive increments.

3.2. It is also contended by the learned counsel for the Petitioners 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 and the claim of the Petitioners is required to be dealt with in accordance with G.O.Ms.No.95 Human Resources Management (FR-IV) Department dated 26.10.2023.

4. The learned Government Advocate appearing for the Respondents submitted that since, the claim of the Petitioners 1 & 4 for grant of incentive increments under G.O.Ms.No.42 having been rejected by the 2nd 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 Petitioners 1 & 4 cannot maintain their claim for grant of incentive increments.

5. I have taken note of the submissions urged on either side.

6. At the outset, it is to be noted that on the date when the Petitioners 1 & 4 had submitted their applications for incentive increments, G.O.Ms.No.37 is not in existence at all; on the other hand, G.O.Ms.No.42 was in force. Thus, the Respondents are required to consider the request application of Petitioners 1 & 4 by applying the G.O. which is in force on the date of submission of application. Mere cancellation of G.O.Ms.No.42 subsequently by issuance of G.O.Ms.No.37 in the year 2020 cannot justify the action of the Respondents in rejecting the claim made by the Petitioners valid or justified for it to be sustained.

7. 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 Petitioners 1 & 2 earlier.

8. 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 in G.O.Ms.No.95, this Court is of the view that the Petitioners 1 & 4 in the present Writ Petition are also to be directed to submit a fresh application to the Respondents for grant of incentive increment for possessing B.Ed qualification in the year 2010 & 2012 respectively.

9. Accordingly, the Petitioners 1 & 4 are directed to submit Application afresh to the Respondent Authorities. On submission of such Application by the Petitioners 1 & 4, the Respondent Authorities shall consider the same in accordance with the Government Order in force, without reference to G.O.Ms.No.37 Personal and Administrative Reforms (FR-IV) Department dated 10.03.2020.

10. This Writ Petition is disposed of with the above directions. No costs. 30-09-2026 mrr Index: Yes/No Speaking/Non-Speaking Order Neutral Citation: Yes/No

To

1. The Secretary to Government, School Education Department, Fort St. George, Chennai – 600 009.

2. The Director of Elementary Education, College Road, Chennai - 600 006.

3. The District Elementary Educational Officer, Coimbatore District, Coimbatore.

4. The Assistant Elementary Educational Officer, Madukarai Panchayat Union, at Othakal Mandapam, Coimbatore District.

T.VINOD KUMAR, J. mrr W.P.No.21706 of 2017 30-09-2026