Case Note & Summary
The writ petition was filed by a government employee, T.Senthamarai, seeking to quash two Government Orders G.O.(Ms)No.37 dated 10.03.2020 and G.O.(Ms)No.116 dated 15.10.2020, which cancelled the scheme of advance increments for acquiring higher educational qualifications and replaced it with a lump sum grant. The petitioner contended that the cancellation was illegal and arbitrary. The respondents, including the State of Tamil Nadu and judicial officers, relied on a recent Division Bench judgment of the Madras High Court in V.Padma and Others v. State of Tamil Nadu (2026 MHC 2247) which had already addressed the identical issue. That judgment had extensively examined the three Government Orders, namely G.O.Ms.No.37, G.O.Ms.No.116, and the subsequent G.O.Ms.No.95 dated 26.10.2023, which provided for a lump sum grant and directed that all pending applications be processed under the new scheme. The Division Bench held that fixing a cut-off date for financial concessions is a policy decision that is not illegal, and that cancellation of advance increments and substitution by a lump sum grant does not violate any law. The court in the present case, after noting that the issue was no more res integra, reproduced the relevant findings of the Division Bench and dismissed the writ petition in the same terms. The court thus upheld the Government's policy change and directed that all pending claims be dealt with under the new lump sum scheme. Consequently, the writ petition was dismissed with no order as to costs, and the connected miscellaneous petitions were closed.
Headnote
A) Service Law - Government Employees - Incentive for Higher Educational Qualifications - Cancellation of Advance Increment Scheme and Substitution with Lump Sum Grant - Tamil Nadu Government Orders G.O.Ms.No.37 dated 10.03.2020, G.O.Ms.No.116 dated 15.10.2020, G.O.Ms.No.95 dated 26.10.2023 - The petitioner challenged G.O.Ms.No.37 and G.O.Ms.No.116 cancelling advance increments; the Division Bench in V.Padma case had already upheld the policy fixing a cut-off date and substituting a lump sum grant; the court held that fixing a cut-off date for financial concessions is not illegal, the cancellation of the advance increment scheme does not violate any law, and pending applications are to be considered under G.O.Ms.No.95. Held that the writ petition is dismissed following precedent. (Paras 1-2)
Issue of Consideration
Whether the cancellation of the advance increment scheme and substitution with a lump sum grant for higher educational qualifications by Government Orders is valid.
Final Decision
The writ petition is dismissed. No costs. The connected miscellaneous petitions are closed.
Law Points
- Fixation of cut-off date for financial concessions is valid
- Cancellation of advance increment scheme and substitution with lump sum grant does not violate law
- Pending applications to be processed under new scheme as per G.O.Ms.No.95
