Madras High Court
A.Regi Pamila vs The State Of Tamil Nadu on 28 April, 2021
W.P(MD)No.8723 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.8723 of 2021
A.Regi Pamila ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
4.The District Educational Officer,
Tirunelveli, Tirunelveli District.
5.The Correspondent,
Christhu Raja Higher Secondary School,
Palayamkottai – 627 002,
Tirunelveli District. ... Respondents
1/8
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W.P(MD)No.8723 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents 3 and 4 to
sanction forthwith four advance increments to the petitioner for
possessing higher qualifications of M.Sc and M.Ed Degree, based on the
representation submitted by the fifth respondent School, dated
24.02.2021.
For Petitioner : Ms.A.Amala
For RR 1 to 4 : Mr.N.Shanmugaselvam
Additional Government Pleader
ORDER
This Writ Petition is filed seeking a Writ of Mandamus, directing the
respondents 3 and 4 to sanction forthwith four advance increments to
the petitioner for possessing higher qualifications of M.Sc and M.Ed
Degree, based on the representation submitted by the fifth respondent
School, dated 24.02.2021.
2.Mr.N.Shanmugaselvam, learned Additional Government Pleader
accepts notice on behalf of the respondents 1 to 4.
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W.P(MD)No.8723 of 2021
3.According to the petitioner, she was appointed as Secondary
Grade Teacher on 15.06.1995 in St. Mary's Primary School, Millerpuram,
Tuticorin and later, she was transferred to the fifth respondent School on
04.06.1999. In the meantime, the then Additional Assistant Elementary
Educational Officer, Tuticorin, approved the appointment of the petitioner
as Secondary Grade Teacher with effect from 15.06.1995, after obtaining
an undertaking that while the petitioner was working as Secondary
Grade Teacher, will not seek incentive increments for B.T Assistant
qualification. According to the Government's Policy, the Teachers, who
possess or acquire higher qualifications over and above the qualification
prescribed for appointment, are paid incentive increments. The
Government announced the payment of such increments to Secondary
Grade Teacher, vide G.O.Ms.No.42 (Education) Department, dated
10.01.1969. According to the said G.O., B.T Assistants in the cadre of
Secondary Grade Teachers would be eligible for two advance increments,
for possessing or acquiring M.A, M.Sc or M.Ed Degrees. Subsequently,
the State Government issued G.O.Ms.No.1032 (Education Department),
dated 22.06.1971. According to the said G.O., the B.T Assistants would
be eligible for four advance increments for possessing or acquiring M.A,
M.Sc or M.Ed Degrees. Seeking incentive increments to the petitioner,
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W.P(MD)No.8723 of 2021
the fifth respondent School submitted a representation, dated
24.02.2021 to the respondents 3 and 4. Since no action has been taken,
the petitioner has come out with the present Writ Petition.
4.The learned counsel appearing for the petitioner submitted that
the Education Department had refused to grant incentive increments to
some Teachers on the ground that they had given undertaking that they
will not claim incentive increments. The said issue came up for
consideration before this Court in W.P(MD)No.58 of 2019, wherein, this
Court, vide order dated 28.02.2020, relied on the Judgment of the
Division Bench of this Court in W.A(MD)No.511 of 2011, dated
27.06.2011 (State of Tamil Nadu Vs. Louis) and came to the conclusion
that such Teachers would be entitled to claim incentive increments for
higher qualification. The State preferred a Special Leave Petition before
the Hon'ble Supreme Court in SLP.C.C.No.13056 of 2014 against the
order, passed in W.A(MD)No.511 of 2011, which was dismissed, by order
dated 25.08.2014 and prayed for allowing the Writ Petition.
5.The learned Additional Government Pleader appearing for the
respondents 1 to 4 submitted that the petitioner's representation will be
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W.P(MD)No.8723 of 2021
considered by the respondents 1 to 4, taking into consideration the
orders of the Division Bench of this Court in R.Premkumari Vs. State
of Tamil Nadu, rep. by its Secretary to Government and others
reported in 2008 (5) MLJ 1349 and W.A(MD)No.511 of 2011, dated
27.06.2011 (State of Tamil Nadu Vs. Louis), which was confirmed by the
Hon'ble Apex Court in SLP.C.C.No.13056 of 2014, dated 25.08.2014 and
the order of this Court in W.P(MD)No.58 of 2019, dated 28.02.2020.
6.Heard the learned counsel appearing for the petitioner and the
learned Additional Government Pleader appearing for the respondents
1 to 4.
7.From the averments made in the affidavit filed in support of the
Writ Petition, it is seen that the petitioner has sent several
representations dated 27.02.2017, 11.02.2018, 21.01.2019, 20.01.2020
and 24.02.2021.
8.In view of the above, without deciding the issue on merits, the
respondents 3 and 4 are directed to consider the representation of the
petitioner, dated 24.02.2021, seeking four advance increments to the
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W.P(MD)No.8723 of 2021
petitioner for possessing higher qualification of M.Sc and M.Ed Degrees,
taking into consideration the orders of the Division Bench of this Court in
R.Premkumari Vs. State of Tamil Nadu, rep. by its Secretary to
Government and others reported in 2008 (5) MLJ 1349 and
W.A(MD)No.511 of 2011, dated 27.06.2011 (State of Tamil Nadu Vs.
Louis), which was confirmed by the Hon'ble Apex Court in
SLP.C.C.No.13056 of 2014, dated 25.08.2014 and the order of this Court
in W.P(MD)No.58 of 2019, dated 28.02.2020 and pass orders on merits
and in accordance with law, within a period of eight weeks from the date
of receipt of a copy of this order.
9.With the above direction, the Writ Petition is disposed of. No
costs.
28.04.2021
Index : Yes / No
Internet : Yes / No
ps
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W.P(MD)No.8723 of 2021
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that
the copy of the order that is
presented is the correct copy,
shall be the responsibility of the
advocate / litigant concerned.
To
1.The Secretary,
Department of School Education,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
4.The District Educational Officer,
Tirunelveli, Tirunelveli District.
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W.P(MD)No.8723 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)No.8723 of 2021
28.04.2021
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