Later cancellation of an incentive-increment scheme cannot justify rejecting claims filed while it was in force.

Petitioners 1 and 4, serving as Headmasters, acquired B.Ed. qualifications in 2010 and 2012 respectively and sought incentive increments under G.O.Ms.No.42, Education Department, dated 10 January 1969.

The Director of Elementary Education rejected their claim by proceedings dated 11 August 2016.

The petitioners challenged that rejection under Article 226.

During the proceedings, G.O.Ms.No.42 was cancelled by G.O.Ms.No.37 dated 10 March 2020, and G.O.Ms.No.95 dated 26 October 2023 was subsequently issued.

Petitioners 2, 3 and 5 had withdrawn their claims; the Court heard the case as to petitioners 1 and 4.

Whether the subsequent cancellation of G.O.Ms.No.42 by G.O.Ms.No.37 could justify rejecting petitioners 1 and 4’s applications, which were made while G.O.Ms.No.42 was in force.

Whether petitioners 1 and 4 should be directed to make fresh applications for incentive increments for consideration under the policy then in force, without reference to G.O.Ms.No.37.

Article 226 of the Constitution provides the basis for the Court’s review of the impugned administrative proceedings.

The Court held that an application for an incentive increment should be considered with reference to the Government Order in force when the application was submitted; a later cancellation of that order does not, by itself, validate an earlier rejection.

The Court also took account of the Full Bench’s common order dated 11 June 2026 in W.P.Nos.27261 of 2019 and connected matters, which directed applicants to make fresh applications in accordance with the incentive policy under G.O.Ms.No.95.

When petitioners 1 and 4 applied, G.O.Ms.No.42 was in force and G.O.Ms.No.37 had not yet been issued.

The later cancellation therefore could not, in the Court’s view, sustain the rejection of their earlier claims.

However, having regard to the Full Bench’s directions and the subsequent policy under G.O.Ms.No.95, the Court directed the petitioners to submit fresh applications for consideration under the Government Order then in force, while expressly excluding reliance on G.O.Ms.No.37.

The respondent authorities must consider those applications under the Government Order in force, without reference to G.O.Ms.No.37 dated 10 March 2020.

No costs were awarded.