WA/2718/2026 of The Chief Education Officer, Erode Vs K.Eswari on 16 September 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The issues raised in the present Intra Court Appeal are no more res integra. The Full Bench of this Court considered the issue relating to grant of incentive increment in Education Department in a batch of cases in WA No.27261 of 2017 etc., dated 11.06.2026. Paragraph Nos.8, 9, 10 and 11 of the judgment are extracted hereunder:

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 far 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)

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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.

11. Accordingly, Reference made to this Full Bench is answered. Registry is directed to list all the pending cases before concerned Courts holding roster. This Full Bench requests early disposal of all the cases.

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2. In view of the reference answered by the Full Bench in the above judgment, the Appellant Department shall initiate all appropriate action to fix the scale of pay and grant eligible increment as per the Government Orders in force.

3. With these observations, the Writ Appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 16-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. SLI WA No. 2718 of 2026 and CMP No.23952 of 2026 16-09-2026