IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.08.2009 CORAM: THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.5975 of 2007 1.D.Balasubramanian 2.C.Suganthi ... Petitioners Vs. The Assistant Elementary Educational Officer Madhukarai. Coimbatore District. ... Respondent PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.243 of 2002 from the file of Tamil Nadu Administrative Tribunal with a prayer to call for the records relating to the impugned order of the respondent in Na.Ka.No.1032/Aa1/2001 dated 01.10.2001 and quash the same. For Petitioners :Mr.P.Mohan Raj For Respondent :Mr.C.K.Vishnupriya Additional Government Pleader O R D E R The petitioners were Secondary Grade Teachers. The first petitioner was given two incentive increments (four advance increments) from 24.05.1996 for acquiring Post Graduate Degree viz., M.A. and B.Ed., from Annamalai University through Open University System. The second petitioner was also given two incentive increments (four advance increments) from 24.07.1996 for acquiring Post Graduate Degree viz., M.A and B.Ed., from Annamalai University through Open University System. 2.The respondent has issued the impugned order dated 01.10.2001, ordering recovery of the amount paid towards incentive increments up to 15.12.2000, basing on G.O.Ms.No.307, Education Department, dated 15.12.2000 on the ground that the grant of incentive increments for acquiring higher qualification through Open University System would be paid only from 15.12.2000, the date of issuance of the said G.O.Ms.No.307. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioners filed Original Application in O.A.No.243 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as Tribunal) to quash the impugned order of the respondent in Na.Ka.No.1032/Aa1/2001 dated 01.10.2001. 4.In view of the abolition of the Tribunal, the matter stood transferred to this Court and renumbered as W.P.No.5975 of 2007. 5.Heard the submissions made by Mr.P.Mohan Raj, learned counsel for the petitioners and Mrs.C.K.Vishnupriya, learned Additional Government Pleader for the respondent. 6.The learned counsel for the petitioners has now produced a Government Order in G.O.Ms.No.29, Education Department, dated 17.02.2006, making amendments to G.O.Ms.No.307, Education Department, dated 15.12.2000. As per the new Government Order, viz., G.O.Ms.No.29, the Teachers are entitled to incentive increments from the date on which they obtained the higher qualification through Open University System. 7.In the light of the same, the impugned order in Na.Ka.No.1032/Aa1/2001 dated 01.10.2001 is set aside. 8.The writ petition is allowed accordingly. No costs. TK Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar To The Assistant Elementary Educational Officer Madhukarai. Coimbatore District. + 1 cc to the Government Pleader High court, Madras. Sr.39890 W.P.No.5975 of 2007 LA(CO) EU 1.09.2009. https://hcservices.ecourts.gov.in/hcservices/