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2026 DAILYLAW 46253 (MAD)

K.ELAVARASI v. THE GOVERNMENT OF TAMIL NADU

WP/24264/2026 · 2026-06-29

P T Asha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 24264 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No.24264 of 2026 and W.M.P.Nos.26417 and 26419 of 2026 K.Elavarasi W/o. N.Alagesan, Secondary Grade Teacher, Panchayat Union Primary School, Kannadiyan Kudisai, Kancheepuram Panchayat Union, Kancheepuram District. ..Petitioner(s) Vs 1. The Government of Tamil Nadu, Rep. by Secretary to Government, School Education Department, Fort St.George, Chennai. 2. The Director of Elementary Education, College Road, Chennai – 6. 3. The District Educational Officer (Elementary), Kancheepuram District, Kancheepuram. 4. The Block Educational Officer, Kancheepuram Panchayat Union, Kancheepuram District. ..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the fourth respondent in relation to the proceedings issued in Na.Ka.No.886/ A4/2025 dated 27.05.2026 and quash the same and issue a consequential https://www.mhc.tn.gov.in/judis WP No. 24264 of 2026 __________ Page2 of 6 direction to the respondents to grant first and second set of increments for M.Com and B.Ed to the petitioner continuously as per the proceedings in Na.Ka.No.1005/AA2/2010 dated 18.01.2011 of the Additional Assistant Elementary Educational Officer, Kancheepuram Panchayat Union, Kancheepuram District who is re-designated as fourth respondent herein with all consequential benefits and arrears. For Petitioner(s) : Mr.R.Saseetharan For Respondent(s) : Mr.A.R.Balaji, Government Advocate for R1 to R4 ORDER This writ petition is filed for the following relief: “calling for the records of the fourth respondent in relation to the proceedings issued in Na.Ka.No.886/ A4/2025 dated 27.05.2026 and quash the same and issue a consequential direction to the respondents to grant first and second set of increments for M.Com and B.Ed to the petitioner continuously as per the proceedings in Na.Ka.No.1005/AA2/2010 dated 18.01.2011 of the Additional Assistant Elementary Educational Officer, Kancheepuram Panchayat Union, Kancheepuram District who is re-designated as fourth respondent herein with all consequential benefits and arrears” 2. When the matter is taken up for hearing, it is brought to the notice of this Court that the very same issue involved in this writ petition has been dealt by this Court in writ petition in W.P.No.7452 of 2026 dated 02.03.2026, wherein, it is observed as follows: https://www.mhc.tn.gov.in/judis WP No. 24264 of 2026 __________ Page3 of 6 “5. The impugned order has been passed for withdrawing incentive granted to the petitioner for having obtained B.Ed in Computer Science and Mathematics on the ground that she only teaches primary school and not higher secondary. Such a decision is contrary to the language of the Government Order in G.O.Ms.No.324 dated 25.04.1995. The Government in the aforesaid Government Order had decided to stipulate higher secondary syllabus subjects as “relevant subjects” for the purpose of sanctioning incentive increment. 6. In paragraph 5 (ii) of the said Government Order, the Secretary to Government would state as follows: “For the sanction of incentive increments the subjects in the Higher Secondary Syllabus shall be the relevant subjects. 7. A reading of the above would clearly show that qualification in any of the subjects in the higher secondary syllabus are the relevant subjects. 8. Admittedly, Computer Science and Mathematics are part of the higher secondary syllabus. The petitioner has admittedly qualified B.Ed degree in Computer Science and Mathematics. 9. In a similar case, the Division Bench of this Court in W.A.No.2747 of 2023 dated 28.03.2025, had observed as follows: “Today the entire scheme for incentive increments has been withdrawn but the issue as to whether the said withdrawal can be prospective and it cannot operate retrospectively still lingers. We do not see the need to go into the said issue as it is not germane to the facts on hand. Here the respondent has completed M.A.(Economics) in May 2010 and B.Ed in December 2015. Therefore, she is entitled to two sets of advance incentive increments for these two higher qualifications obtained by her. The question of whether MA (Economics) would be useful to the https://www.mhc.tn.gov.in/judis WP No. 24264 of 2026 __________ Page4 of 6 School students or not cannot be gone into by us, as the Government, in its wisdom, had in GO. (Ms).No.324 dated 25.04.1995, consciously decided to confer the benefit of the incentive increments on all teachers who obtained higher qualifications in any subject found in the higher secondary syllabus. 10. The above discussion would apply on all fours of this case. The petitioner has acquired her B,Sc. Computer Science in November 2009 and B.Ed in Computer Science and in Mathematics in May 2014. 11. Therefore, this writ petition is allowed and the impugned order is quashed and the respondents are directed to grant incentive increment for B.Ed in Computer Science and Mathematics to the petitioner continuously with all consequential benefits and arrears. Consequently, the connected miscellaneous petitions are closed. No costs.” 3. The aforesaid order dated 02.03.2026 squarely applies on all fours to the case in hand and therefore, this writ petition is allowed and the impugned order is quashed and the respondents are directed to grant incentive increment for M.Com and B.Ed to the petitioner continuously with all consequential benefits and arrears. Connected miscellaneous petitions are closed. No costs. 29-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rap https://www.mhc.tn.gov.in/judis WP No. 24264 of 2026 __________ Page5 of 6 To 1. The Government of Tamil Nadu, Rep. by Secretary to Government, School Education Department, Fort St.George, Chennai. 2. The Director of Elementary Education, College Road, Chennai – 6. 3. The District Educational Officer (Elementary), Kancheepuram District, Kancheepuram. 4. The Block Educational Officer, Kancheepuram Panchayat Union, Kancheepuram District. https://www.mhc.tn.gov.in/judis WP No. 24264 of 2026 __________ Page6 of 6 P.T.ASHA, J. rap WP No. 24264 of 2026 29-06-2026 https://www.mhc.tn.gov.in/judis