Madras High Court
P.Muthukani vs The Joint Director Of School on 3 February, 2021
W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
and W.M.P.(MD) Nos.14385, 14386, 14391, 14394, 14397 of 2020
(Through Video Conference)
W.P.(MD) No.17183 of 2020
P.Muthukani ... Petitioner
Vs
1. The Joint Director of School
Education (Vocational),
O/o the Joint Director of
School Education (Vocational),
DPI Campus, College Road, Chennai 600 006
2. The Chief Educational Officer,
O/o the Chief Educational Officer,
Tuticorin, Tuticorin District.
3. The District Educational Officer,
O/o the District Educational Officer,
Tuticorin District.
4. The Secretary,
Karapettai Nadar School,
Girls Higher Secondary School,
No.331, Great Cotton Road,
Thoothukudi – 628 002 ... Respondents
1/8
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W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned letter in A.The.Mu.No.3047/A3/2020 dated
02.09.2020 on the file of the respondent no.3 and quash the same as
illegal and consequently for a direction, directing the respondents to
grant two incentives for acquiring higher qualification i.e. M.A.(T) and
B.Ed. to the petitioner by way of ratification within the time period
stipulated by this Court.
In all cases:
For Petitioners : M/s.M.Kanimozhi
For RR1 to 3 : Mr.A.Thiyagarajan,
Government Advocate
For R4 : Mr.T.Lajapathi Roy
******
COMMON ORDER
Since the issue involved in all these writ petitions are one and the
same, they are disposed of by this common order.
2. All the petitioners herein, have possessed higher education
during their service under the fourth respondent herein and they aspired
to avail incentive increment for their higher education, in terms of the
Regulations governing them. When the fourth respondent had sought for
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W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
the approval for registration of the petitioner's higher qualifications for
the purpose of granting incentive increment, the same came to be rejected
by the third respondent herein, stating that, there had not obtained prior
permission of the Authorities, for undergoing higher education.
3. The petitioners' herein intend to avail incentive increment for
having possessed higher education qualification and the purpose for
which the ratification of their higher degrees was also for making them
eligible for availing the said increment.
4. This Court, in various writ petitions have held that claims for
conferment of incentive increment for acquiring higher educational
qualifications cannot be denied on the ground that such higher
qualifications were acquired without prior permission. One such order of
this Court passed in the case of J.Tamilrajan vs. Department of School
Education and others passed in W.P.(MD) No.4019 of 2018, reads thus:-
“3.In W.P(MD).No.1049 of 2012, a learned single
Judge of this Court has considered the similar question
and has rejected the claim of the department that if the
higher education is pursued without consent of the
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W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
permission of the department, the teacher was not entitled
to the incentive increments for obtaining such higher
qualification. Following the said Judgment, another
learned single Judge of this Court in W.P.No.18086 of
2017 has held that want of permission cannot stand in the
way of the petitioner being favoured with the incentive
increments for having obtained higher qualifications.
While doing so, paragraph 7 of the order, this Court has
observed as follows:
“ 7.This Court in the unreported
decision made in W.P(MD).No. 21895 of 2015
dated 08.12.2015, while considering the claims
for conferment of incentive increment for
acquiring qualification and the contention that
they were acquired without prior permission,
held that conferment of incentive increment
cannot be denied on that score. Acquiring higher
education by the teacher is only for the benefit of
students. In that view of the matter, the first
ground of opposition stands rejected”
4. In view of the above, the sole ground on which
the authorities rejected the claim of the petitioner towards
incentive increments fails and the writ petition is liable to
succeed. The impugned order of rejection is therefore,
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W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
quashed. The respondents are directed to sanction the
incentive increments to the petitioner for obtaining the
higher qualifications namely M.A.History and B.Ed
Degree from the date of acquisition of the respective
qualifications. The said exercise shall be completed
within 8 weeks from the date of receipt of a copy of this
order.”
5. By applying the ratio held in the aforesaid decision as well as
various other decisions, on the same line, it can be said that the
petitioners herein would be entitled for incentive increments for having
possessed higher educational qualifications, even though they had not
obtained prior permissions of the Authorities for having undergone the
course for such higher education.
6. In the light of the above observations, the fourth respondent
Management is granted liberty to make an appropriate proposal to the
third respondent herein, recommending the candidature of the petitioners
herein for grant of incentive increment for having possessed their
respective higher educational degrees. On receipt of such a proposal, the
third respondent herein, shall positively consider the same, if not
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W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
otherwise disqualify, in the line of the observations made by this Court
and extend the benefit of incentive increment, atleast within a period of
twelve (12) weeks from the date of receipt of the proposal.
7. Accordingly, the Writ Petitions stand allowed. However, there
shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
03.02.2021
Index : Yes / No
Internet : Yes
sts
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 Joint Director of School
Education (Vocational),
O/o the Joint Director of
School Education (Vocational),
DPI Campus, College Road, Chennai 600 006
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W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
2. The Chief Educational Officer,
O/o the Chief Educational Officer,
Tuticorin, Tuticorin District.
3. The District Educational Officer,
O/o the District Educational Officer,
Tuticorin District.
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W.P.(MD)Nos.17183, 17197, 17201, 17204, 17208 & 17209 of 2020
M.S.RAMESH, J.
sts
Common Order made in
W.P.(MD)Nos.17183, 17197, 17201,
17204, 17208 & 17209 of 2020
Dated:
03.02.2021
http://www.judis.nic.in
