WA(MD)No.521 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.04.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN WA(MD)No.521 of 2026 and CMP(MD)No.4764 of 2026 A.John Kennedy ... Appellant Vs. 1. The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai. 2. The Director of Elementary Education, O/o. The Director of Elementary Education, College Road, Chennai 6. 3. The District Educational Officer, O/o. The District Education Office, Ramanathapuram, Ramanathapuram District. Now office at The District Education Officer-Elementary, O/o.The District Eduction Office, Paramakudi Education District, Ramanathapuram District. 1/5 https://www.mhc.tn.gov.in/judis WA(MD)No.521 of 2026 4. The Block Educational Officer, O/o. The Block Education Office, Thiruvadanai, Ramanathapuram District. ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.18378 of 2025 dated 29.08.2025. For Appellant : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.J.Ashok Additional Government Pleader JUDGMENT (Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the cancellation of incentive increment, refixing the pay and the consequential recovery, a batch of writ petitions were filed. The learned Single Judge by a common order dated 29.08.2025, though sustained the cancellation, set aside the recovery. The present appeal is filed by the appellant herein who is one of the petitioners in the said batch, against the order made in W.P(MD)No.18378 of 2025 dated 29.08.2025. It is also stated that as against the said common order, a batch of writ appeals were filed by some of the writ petitioners in W.A(MD)No.2748 of 2025 etc., batch and the Division Bench by a 2/5 https://www.mhc.tn.gov.in/judis WA(MD)No.521 of 2026 common judgment dated 09.01.2026, has quashed both the orders re- fixing the pay of the teachers and the recovery. The relevant passage of the said judgment is as follows: ''25.As per the above ratio, the proceedings dated 24.08.2016, which is the root cause for all the litigations, became ipso facto, not binding on the petitioner, and the same is illegal. Therefore, this Court is of the firm view that any teacher who acquires a higher qualification in the subjects which are part of the syllabus for the higher secondary classes is entitled for incentive increments as stipulated in G.O.Ms.No. 324 dated 25.04.1995. It is relevant to note that these teachers have received the increment for more than a decade. 26. Accordingly, in view of the above detailed discussions, the impugned orders, which are refixing the pay, and for recovery is set aside. .....'' 2. The appellant herein who is also placed on the same footing, is also entitled to the same relief. Accordingly, the order impugned in this appeal is set aside and the orders impugned in the writ petition which are refixing the pay of the appellant herein and recovery, are set aside. 3/5 https://www.mhc.tn.gov.in/judis WA(MD)No.521 of 2026 3. The Writ Appeal is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K., J.] & [M.J.R., J.] 10.04.2026 Index : Yes / No Neutral Citation : Ye / No bala To 1. The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Chennai. 2. The Director of Elementary Education, O/o. The Director of Elementary Education, College Road, Chennai 6. 3. The District Educational Officer, O/o. The District Education Office, Ramanathapuram, Ramanathapuram District. 4. The Block Educational Officer, O/o. The Block Education Office, Thiruvadanai, Ramanathapuram District. 4/5 https://www.mhc.tn.gov.in/judis WA(MD)No.521 of 2026 N.SATHISH KUMAR , J. AND M.JOTHIRAMAN, J. bala WA(MD)No.521 of 2026 10.04.2026 5/5 https://www.mhc.tn.gov.in/judis