Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 9552 (MAD)

M.Geethanjali, v. The state of Tamilnadu Rep. By its Principal Secretary to Government,

WP/10989/2026 · 2026-03-25

P T Asha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 10989 of 2026 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 10989 of 2026 AND WMP Nos. 11920 & 11925 of 2026 M.Geethanjali, W/o.E.Chandru, Headmistress, Panchayat Union Middle School, R.K.Street, Tiruttani, Tiruttani Block, Thiruvallur District. ..Petitioner Vs 1. The State of Tamilnadu Rep. By its Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009. 2. The Director of Elementary Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai - 600 006. 3. The District Educational Officer (Elementary), Thiruvallur District, Thiruvallur. 4. The Block Educational Officer-II, Tiruttani, Thiruvallur District. ..Respondents https://www.mhc.tn.gov.in/judis WP No. 10989 of 2026 __________ Page2 of 7 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 4th respondent proceedings having Ref.No.Na.Ka.No.629/A1/2025 dated 29.10.2025 and quash the same and consequently direct the respondent to continue to pay the incentive increment to the petitioner for obtaining M.A. (Economics), degree and pass orders. For Petitioner: Mr.P.Murali For Respondents: Ms.Mythreye Chandru Special Government Pleader for R1 to R4 ORDER The writ petition is filed for the following relief : “ To call for the records of the 4th respondent proceedings having Ref.No.Na.Ka.No.629/A1/2025 dated 29.10.2025 and quash the same and consequently direct the respondent to continue to pay the incentive increment to the petitioner for obtaining M.A.(Economics), degree.” 2. The petitioner is working as a Headmistress in Panchayat Middle School, Tiruttani, Thiruvallur District. She was initially appointed as Secondary Grade Teacher on 10.12.1990, and thereafter, she was promoted as Primary School Headmaster on 15.09.2004, and subsequently as B.T.Assistant on 27.11.2006. The petitioner would submit that she now possess the B.Sc., https://www.mhc.tn.gov.in/judis WP No. 10989 of 2026 __________ Page3 of 7 B.Ed., and M.A (Economics) degree. She has been granted with 1st incentive from May 1999 for possessing for B.Sc., B.Ed., degree and 2nd incentive increment for M.A.(Economics) from 29.05.2007. 3. The petitioner would submit that after a lapse of 18 years, by the impugned proceedings of the 4th respondent dated 29.10.2025, he was put on notice that the incentive increment was wrongly granted to him and hence, required to submit his explanation along with documents if any, on or before 24.11.2025, failing which, necessary action would be initiated against him. The impugned order has been passed by placing reliance on G.O.124, School Education Department dated 15.06.2007 and the subsequent proceedings of the second respondent dated 24.08.2016. 4. The petitioner contends that the said proceedings of the 2nd respondent was issued only on 24.08.2016, whereas the petitioner was sanctioned with increment with effect from May 1999 and incentive increment from 29.05.2007. Thus, the proceedings of the 2nd respondent will have no application in respect of the increments already sanctioned to the petitioner and hence, the impugned order issued by the 4th respondent is liable to interfered with by this Court. 5. Heard the learned counsel for the petitioner and also perused the materials placed on record. https://www.mhc.tn.gov.in/judis WP No. 10989 of 2026 __________ Page4 of 7 6. The impugned order has been passed withdrawing incentive increments granted to the petitioner for having obtained B.Sc., B.Ed, and M.A(Economics) on the ground that she teaches only elementary / middle school subjects namely Tamil, English, Mathematics, Science and Social Science, and not the higher secondary syllabus. 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. 7. 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.” 8. A reading of the above would clearly show that qualification in any of the subjects in the higher secondary syllabus would constitute “ a relevant subject”. 9. In a similar case, the Division Bench of this Court in W.A.No.2747 of 2023 dated 28.03.2025, observed as follows: “Today the entire scheme for incentive increments has been https://www.mhc.tn.gov.in/judis WP No. 10989 of 2026 __________ Page5 of 7 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 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 decision of the Division Bench would apply on all fours to the present case. Admittedly, Economics subject forms part of the Higher Secondary syllabus and the petitioner has obtained a degree in M.A. (Economics) as early as in the year 2007 and she had been granted with incentive increment. In the said circumstances, the impugned order is liable to be quashed. 11. Accordingly, the writ petition is allowed and the impugned order is quashed and the respondents are directed to grant incentive increments to the petitioner continuously, with all consequential benefits and arrears. There shall https://www.mhc.tn.gov.in/judis WP No. 10989 of 2026 __________ Page6 of 7 be no order as to costs. Consequently, connected miscellaneous petitions are closed. 25-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS To: 1. The Principal Secretary to Government State of Tamilnadu School Education Department Secretariat, Fort St.George Chennai - 600 009. 2. The Director of Elementary Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai - 600 006. 3. The District Educational Officer (Elementary), Thiruvallur District, Thiruvallur. 4. The Block Educational Officer-II, Tiruttani, Thiruvallur District. https://www.mhc.tn.gov.in/judis WP No. 10989 of 2026 __________ Page7 of 7 P.T.ASHA J. DS WP No. 10989 of 2026 AND WMP Nos. 11920 & 11925 of 2026 25-03-2026 https://www.mhc.tn.gov.in/judis