G. BALACHANDAR Vs. DIRECTOR OF SCHOOL EDUCATION (PERSONNEL)

JUDGEMENT

(1.) This petition is filed seeking to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings having Ref.No.Na.Ka.No.053130/AaKaTha/2023 dtd. 23/2/2024 raising audit objection to the grant of incentive to the petitioner who is working as P.G.Assistant in the Government Higher Secondary School, Valathur, Gudiyattham Taluk, Vellore District, for the M.Phil Degree obtained through summer sequential programme mode and ordering recovery of the incentive granted to the petitioner from the salary of the petitioner from 14/7/2018 and quash the same as arbitrary and consequently direct the 1st respondent to continue to pay the incentive amount to the petitioner for having acquired M.Phil Degree through summer sequential programme mode along with the petitioner's salary.

(2.) The case of the petitioner is that, he was appointed as a P.G. Assistant in Government Higher Secondary School, Valathur, Gudiyattam Taluk, Vellore District on 1/9/2014. The petitioner was granted permission by the first respondent to pursue M.Phil degree and completed M.Phil in the year July 2018. For the same the fourth respondent sanctioned salary increment in his proceedings Na.Ka.No.053300/W2/E2/2017, dtd. 31/7/2017. Subsequently, second incentive for M.Phil degree was given to the petitioner with effect from 14/7/2018. The second respondent issued proceedings vide Ref.No.Na.Ka.No.053130/AaKaTha/2023 dtd. 23/2/2024 raising audit objections for the grant of incentive for M.Phil degree which was obtained through part time mode. Further the audit department directed the fourth respondent to compute the loss suffered by the Government for the grant of salary incentive to the petitioner and ordered to recover the said loss from the salary of the petitioner. Challenging the same the petitioner came up with the present writ petition.

(3.) The learned counsel for the petitioner submits that the Alagappa University, Karaikudi is State University Accredited with A grade by NAAC and duly recognized by UGC. Further, the learned counsel for the petitioner relied upon the Judgment of this Court in supporting their contentions in W.A.No.2328 of 2018, wherein the Division Bench allowed writ appeal not to cancel or stop the increment already given. The petitioners are entitled for the said incentive and prayed to allow the writ petition.