IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.09.2010 CORAM THE HON'BLE MR. JUSTICE D. HARIPARANTHAMAN, J. W.P.NO. 43963 of 2006 (O.A.NO.3569/00) R. IRUDAYARAJ .. Petitioner ..vs.. 1 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, VILLUPURAM, VILLUPURAM DISTICT. 2 THE ASSISTANT ELEMENTARY EDUCATONAL OFFICER SRIPERUMPUDUR KANCHEEPURAM DISTRICT .. Respondents This Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of certiorari to call for the records relating to the impugned order of the second respondent in Na.Ka.No.232/A1/2000 dated 16-05-2000 and quash the same. For Petitioner ... Mr.P.Mohan Raj for Mr.P. Rajendran For Respondents ... Mrs. Lita Srinivasan Government Advocate ORDER The petitioner is a senior to one Mr.Sundaram. The petitioner was given incentive increment for acquiring higher qualification. However, when the pay was revised, the pay of the petitioner as well as his junior became the same. Thereafter, his junior obtained higher qualification and he was also awarded incentive increment. Thus the junior got more pay. But, the pay of the petitioner was not enhanced. 2. The grievance of the petitioner is that the incentive increment given to him was sought to be recovered on the ground that the incentive increment given to his junior was cancelled as the same was given based on getting a degree through open university. https://hcservices.ecourts.gov.in/hcservices/ 3. The learned counsel for the petitioner states that thereafter the Government issued G.O.(Ms).No.29, School Education Department, dated 17.02.2006 recognising the decree issued by the Open University for grant of incentive increments and in view of the aforesaid G.O.(Ms).No.29, the junior was again granted the incentive increment. Hence, there is no question of excess pay to the petitioner. 4. In the aforesaid circumstances, the impugned order sought to recover the excess pay from the petitioner has to be quashed. Accordingly, the impugned order is quashed and the Writ Petition is allowed. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. mra To 1 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, VILLUPURAM, VILLUPURAM DISTICT. 2 THE ASSISTANT ELEMENTARY EDUCATONAL OFFICER SRIPERUMPUDUR KANCHEEPURAM DISTRICT W.P.NO. 43963 of 2006 MSM (CO) kk 1/10 https://hcservices.ecourts.gov.in/hcservices/