A.John Kennedy v. The State of Tamil Nadu,

JUDGMENT (Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the cancellation of incentive increment, refixing the pay and the consequential recovery, a batch of writ petitions were filed. The learned Single Judge by a common order dated 29.08.2025, though sustained the cancellation, set aside the recovery. The present appeal is filed by the appellant herein who is one of the petitioners in the said batch, against the order made in W.P(MD)No.18378 of 2025 dated

29.08.2025. It is also stated that as against the said common order, a batch of writ appeals were filed by some of the writ petitioners in W.A(MD)No.2748 of 2025 etc., batch and the Division Bench by a common judgment dated 09.01.2026, has quashed both the orders re-fixing the pay of the teachers and the recovery. The relevant passage of the said judgment is as follows: ''25.As per the above ratio, the proceedings dated

24.08.2016, which is the root cause for all the litigations, became ipso facto, not binding on the petitioner, and the same is illegal. Therefore, this Court is of the firm view that any teacher who acquires a higher qualification in the subjects which are part of the syllabus for the higher secondary classes is entitled for incentive increments as stipulated in G.O.Ms.No. 324 dated 25.04.1995. It is relevant to note that these teachers have received the increment for more than a decade.

¶26Accordingly, in view of the above detailed discussions, the impugned orders, which are refixing the pay, and for recovery is set aside. .....''

¶2The appellant herein who is also placed on the same footing, is also entitled to the same relief. Accordingly, the order impugned in this appeal is set aside and the orders impugned in the writ petition which are refixing the pay of the appellant herein and recovery, are set aside.

¶3The Writ Appeal is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K., J.] & [M.J.R., J.]

10.04.2026 Index : Yes / No : Ye / No bala To

¶1The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Chennai.

¶2The Director of Elementary Education, O/o. The Director of Elementary Education, College Road, Chennai 6.

¶3The District Educational Officer, O/o. The District Education Office, Ramanathapuram,

¶4The Block Educational Officer, O/o. The Block Education Office, Thiruvadanai, N.SATHISH KUMAR

, J.

AND

M.JOTHIRAMAN, J. bala

10.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.04.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and CMP(MD)No.4764 of 2026 A.John Kennedy ... Appellant Vs. 1. The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai. 2. The Director of Elementary Education, O/o. The Director of Elementary Education, College Road, Chennai 6. 3. The District Educational Officer, O/o. The District Education Office, Ramanathapuram, Now office at The District Education Officer-Elementary, O/o.The District Eduction Office, Paramakudi Education District, 4. The Block Educational Officer, O/o. The Block Education Office, Thiruvadanai, ... Respondents PRAYER :- Writ Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.18378 of 2025 dated 29.08.2025. For Appellant : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.J.Ashok Additional Government Pleader