T. VETHARANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Through the impugned order dated 12.10.2020, the fourth respondent herein had cancelled the incentive-increment sanctioned to the petitioner on 20.06.2020, for possessing of M.A.Degree and directed the petitioner to refund the increment amount already received by her. In the impugned cancellation order dated 12.10.2020, the third respondent herein, had relied upon G.O.Ms.No.37 Personnel and Administrative Reforms(FR-IV) Department, dated 10.03.2020 and the proceedings of the Treasuries and Accounts Department, dated 24.09.2020. Challenging the same, the present writ petition has been filed.

(2.) Among various grounds raised by the petitioner, one of the ground is that, the impugned order itself is in violation of the principles of Natural Justice. Perusal of the impugned order reveals that the petitioner was not given an opportunity to put forth her objections before the cancellation of the sanctioned incentive-increment was passed and that, the Government Order in G.O.Ms.No.37 Personnel and Administrative Reforms(FR-IV) Department, dated 10.03.2020 and the proceedings of the Treasuries and Accounts Department, dated 24.09.2020 relied upon by the respondents in the impugned order, were also not served on the petitioner.

(3.) The petitioner herein had completed her Masters Degree in M.A. (Tamil) in the year 2018 and the fourth respondent had sanctioned one increment for possessing the said degree on 20.06.2020. If at all, the third respondent herein, was of the view that the petitioner was not entitled for the incentive-increment, the principles of Natural Justice requires the third respondent to put the petitioner on prior notice about the proposal for cancellation of the incentive-increment and call for her objections.