N. SHRIVIDHYA 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 petitioner is constrained to move the present Writ Petition.

(2.) The learned counsel for the petitioner states that the petitioner was appointed as B.T. Assistant and completed his M.Phil degree in the year 2008 from the 5th respondent/Vinayaka Missions University at Salem. The learned counsel for the petitioner states that based on the application submitted by the writ petitioner for grant of incentive increment, the same was granted initially to the petitioner. 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 petitioner is 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 application submitted by the writ petitioner. This apart, the degree of M.Phil possessed by the writ petitioner was 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 also informed this Court that the degree of M.Phil obtained by the writ petitioner is an invalid degree and therefore, the writ petitioner is not entitled for grant of any incentive increment as per the Government Orders in force.