S. SIVAN Vs. REGIONAL ACCOUNTS OFFICER

JUDGEMENT

(1.) The impugned order dated 03.10.2012 has been issued by the 1st respondent/Regional Accounts Officer on the basis of the audit objection raised by the audit party that the incentive increment cannot be granted in respect of the degrees which are all not valid as per the University Grants Commission Act and its Regulations. Aggrieved from and out the said order dated 03.10.2012, the writ petitioners are constrained to move these Writ Petitions.

(2.) The learned counsel for the petitioner in W.P.No.42675 of 2016 states that the petitioner was appointed as B.T. Assistant and completed his M.Phil degree in the year 2009 from the 5th respondent/Vinayaka Missions University at Salem. The learned counsel for the petitioner in all the Writ Petitions states that based on the applications submitted by the writ petitioners for grant of incentive increment, the same was granted initially to them. However, the incentive increment granted for acquiring the higher educational qualification of M.Phil degree, the Audit Officer raised an objection on the ground that the degree possessed by the writ petitioners were not a valid degree as per the University Grants Commission Act and its Regulations. Thus, the grant of incentive increment was objected by the Regional Accounts Officer, based on that, the incentive increment granted was cancelled and the consequential recovery was issued. Undoubtedly, the incentive increment was granted based on the applications submitted by the writ petitioners. This apart, the degree of M.Phil possessed by the writ petitioners were from the 5th respondent/Vinayaka Missions University which is a Deemed University under section 3 of the University Grants Commission Act.

(3.) The learned Government Advocate informed this Court that the degree of M.Phil obtained by the writ petitioners are invalid degree and therefore, the writ petitioners are not entitled for grant of any incentive increment as per the Government Orders in force.