IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 3.7.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.16017 of 2006 (T) O.A.No.6410 of 1995 1.R.Damodaran 2.K.Duraisamy .. Petitioners vs. The Assistant Educational officer K.V.Kuppam N.A.A. District .. Respondent This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records relating to the order of the respondent dated 29.3.1995, issued in the reference number Na.Ka.2083/A1/94, and quash the same. For petitioner : Mr.R.Muthukannu For Respondents : Mr.T.Sreenivasan Government Advocate O R D E R With regard to the first petitioner it has been stated that he was appointed as a secondary grade assistant in the year 1964. While so, by an order, dated 21.1.1976, one incentive was sanctioned for his B.Ed., qualification. In the year, 1979, the first petitioner was promoted as a Middle School Headmaster. By an order, dated 4.2.1986, another incentive was sanctioned for his M.A. qualification. In the year 1994, the first petitioner was granted the third incentive for his M.Ed. qualification. However, by an order, dated 29.3.1995, it was cancelled. 2. With regard to the second petitioner it has been stated that he was appointed as a Primary School Headmaster in the year 1963. While working as a Secondary Grade Assistant, he was sanctioned two incentives for his B.Ed., and M.Ed., qualifications by orders, dated https://hcservices.ecourts.gov.in/hcservices/ 23.6.1985 and 16.11.1988. He was promoted as a Middle School Headmaster in the year 1992. In the year 1994, he was sanctioned the third incentive by an order, dated 17.3.1994. However, by the impugned order, dated 29.3.1995, it was cancelled. In such circumstances, the petitioners had filed an original application before the Tamil Nadu Administrative Tribunal in O.A.No.6410 of 1995, which has been transferred to this Court and renumbered as W.P.No.16017 of 2006. 3. A reply affidavit has been filed on behalf of the respondent denying the claims made by the petitioners. It has been stated that the petitioners were sanctioned the 5th and 6th incentive increments for their acquiring the higher qualifications of M.A. and M.Ed., by the proceedings Rc.49/A1/94, dated 13.3.1994. However, it was cancelled by the proceedings Rc.No.2083/A1/94, dated 29.3.1995, as the petitioners were not entitled for the incentive increments, in accordance with G.O.Ms.No.1023, Education, dated 9.12.1993. 4. The learned counsel appearing for the petitioners had submitted that no notice had been issued to the petitioners before the incentive increments granted to them had been cancelled. Further, there is no misrepresentation on the part of the petitioners with regard to their qualifications. In such circumstances, the impugned order, dated 29.3.1995, directing the petitioners to repay the amounts paid to them, is arbitrary, illegal and void. 5. The learned Government Advocate appearing for the respondent has not been in a position to show that the incentive increments were granted to the petitioners due to their misrepresentation or fraud. Nothing has been shown by the learned Government Advocate appearing for the respondent, by way of records, to substantiate the averments made by the respondent in his reply affidavit. In such circumstances, the impugned order of the respondent, dated 29.3.1995, issued in reference number Na.Ka.2083/A1/94, is set aside and the writ petition stands allowed. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. lan https://hcservices.ecourts.gov.in/hcservices/ To: The Assistant Educational officer K.V.Kuppam N.A.A. District + 1 CC to the Government Pleader SR NO.34859 W.P.No.16017 of 2006 (T) O.A.No.6410 of 1995 KU {CO} TP/11.7.08. https://hcservices.ecourts.gov.in/hcservices/