IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 12.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.31180 of 2006 (O.A.No.8846 of 1998) A.Sambanda Chetty. ... Applicant -Vs.- 1.Assistant Elementary Educational Officer, Ellapuram Panchayat Union, Thiruvallur District. 2.Additional Assistant Elementary Educational Officer, Ellapuram Panchayat Union, Thiruvallur District. ... Respondents Original Application No.8846 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to set aside the order in Va.No.6 dated 18.5.98 and Na.Ka.No.659/A1/98 dated 20.10.98 issued by the second respondent. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.V.Gangadaran For respondents : Mr.B.Vijay Government Advocate. ----- O R D E R Original Application No.8846 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to set aside the order in Va.No.6 dated 18.5.98 and Na.Ka.No.659/A1/98 dated 20.10.98 issued by the second respondent. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. On acquiring the M.Ed. Degree,, petitioner was granted incentive increment from the year 1994 onwards. By the impugned proceeding dated 20.10.1998, the said incentive increment was ordered to be recovered. The same is challenged in the Original Application. https://hcservices.ecourts.gov.in/hcservices/ 3. Heard Mr.B.Vijay, learned Government Advocate appearing for the respondents. 4. A Division Bench of this Court in W.A.Nos.2604 to 2606 of 1999 batch by Judgment dated 20.6.2006 upheld the order of the learned single Judge granted relief to similarly placed P.G. Assistant and Headmasters who suffered an order of recovery after receiving incentive increments on acquiring higher qualification, namely, M.A., M.Sc., and M.Phil, M.Ed. Degrees. It is not disputed that the petitioner falls under the same category. 5. In view of the above decision of this Court, the petitioner in this case is entitled to the relief as prayed for. The impugned proceedings are, therefore, set aside. The Writ petition is allowed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1. The Assistant Elementary Educational Officer, Ellapuram Panchayat Union, Thiruvallur District. 2. The Additional Assistant Elementary Educational Officer, Ellapuram Panchayat Union, Thiruvallur District. + 1 CC to the Government Pleader SR NO 10057 W.P.No.31180 of 2006 RB(CO) sra 05/03/2010 https://hcservices.ecourts.gov.in/hcservices/