S VENKATESAN Vs. ASSISTANT ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) ORIGINAL Application No,232 of 2001 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to the file of this Court and renumbered as Writ Petition No,3440 of 2007, seeking for a writ of Certiorari to call for the records pertaining to the impugned order of the respondent passed in Na.Ka.No.186/A1/2000, dated 18.11.2000, and set aside the same.) Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

(2.) THE brief facts of the case are as follows: THE petitioner, who is a Post Graduate in Arts and Education, had joined in service, on 2.11.1987. His initial appointment in the post of Secondary Grade teacher was on contract basis. THEreafter, his service, as a Secondary Grade teacher, was regularized and he was brought into regular appointment, with effect from 1.6.1988. While so, the petitioner had been awarded with an increment for his qualification as a Post Graduate in Arts, with effect from 1.6.1988, which is the initial date of his regular appointment. THE petitioner has been drawing his salary, along with the incentive increment, as per the orders of the respondent, dated 24.12.1992, with effect from 1.6.1988. However, the respondent had passed the impugned order seeking to recover the amount paid to the petitioner as increment. In such circumstances, the petitioner had preferred the present writ petition before this Court, under Article 226 of the Constitution of India.

(3.) IN view of the submissions made by the learned counsel appearing on behalf of the petitioner, and in view of the decisions cited above, the impugned order of the respondent, passed in Na.Ka.No.186/A1/2000, dated 18.11.2000, is set aside, in so far as it relates to the recovery of the amounts already paid to the petitioner as increment. Accordingly, the writ petition is allowed, as noted above. No costs.