S.Raguraman vs The Principal Secretary To ...
2021 Latest Caselaw 5926 Mad

                                                                             W.P.(MD)No.21676 of 2017


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 05.03.2021

                                                      CORAM:

                             THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                             W.P.(MD)No.21676 of 2017

                      S.Raguraman                                            ... Petitioner

                                                          Vs.

                      1.The Principal Secretary to Government,
                        School Education Department,
                        Secretariat,
                        Chennai-600 009.

                      2.The Director of School Education,
                        DMS Complex,
                        College Road,
                        Chennai-600 006.

                      3.The Chief Educational Officer,
                        Education Department,
                        Theni District-625 531
                        Theni                                                   ... Respondents

                      Prayer: Writ Petition is filed under Article 226 of the Constitution of
                      India, to issue a Writ of Mandamus, directing the first respondent, ie., the
                      Principal Secretary to Government, School Education Department,
                      Chennai, to sanction the third incentive increment for acquisition of the

                      1


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                                                                              W.P.(MD)No.21676 of 2017


                      petitioners M.Ed., Degree on 26.05.1999 and to send revised pension
                      proposals to the Accountant General, Chennai, within a specified time
                      frame that may be fixed by this Court.


                                  For Petitioner      : Mr.S.Visvalingam
                                  For Respondents : Mr.C.M.Marichelliah Prabhu
                                                   Additional Government Pleader

                                                       ORDER

This writ petition has been for a direction to the first respondent, to

sanction the third incentive increment for acquisition of the petitioners

M.Ed., Degree, on 26.05.1999 and to send revised pension proposals to

the Accountant General, Chennai.

2.The case of the petitioners is that he was working as BT

Assistant in the Government Higher Secondary School and after

rendering several years of service, he was retired from service on

31.12.2005 on attaining the age of superannuation and he received all the

retirement benefits. While he was serving as Secondary Grade Teacher,

he was promoted as BT Assistant and joined duty on 07.01.1998. After

getting promotion, the petitioner acquired M.Ed., degree on 26.05.1999.

http://www.judis.nic.in W.P.(MD)No.21676 of 2017

However, the petitioner was not received incentive increment for the

above degree. While so, as per G.O.Ms.No.1023, dated 09.12.1993, the

maximum number of advance increments admissible to the Teacher for

obtaining higher qualification shall be four only. Further, the petitioner

has averred that the judgment of the Division Bench of this Court in

W.A(MD)No.867 of 2014, dated 18.09.2014, held that a person can claim

third incentive for M.Ed., qualification, even after retirement. In order to

avail such benefit, the petitioner has made a representation to the

respondents. So far no order has been passed. Hence, the present writ

petition is filed.

3.The learned counsel appearing for the petitioner submitted that

this Court may issue a direction to the respondents to consider the

petitioner's representation, dated 18.02.2015 in accordance with law.

4.The learned Additional Government Pleader appearing for the

respondents submitted that as per G.O.Ms.No.18, dated 18.01.2013, the

Teachers, who have completed M.Ed., or M.Phil., or P.hd., are entitled

http://www.judis.nic.in W.P.(MD)No.21676 of 2017

only two incentive increment. Hence, he prays for dismissal of the

present Writ Petition.

5.The facts in the present case are not in dispute. Admittedly, the

petitioner was entered into service in the year 1998 and subsequently,

retired from service in the year 2005. After a lapse of 15 years, the

petitioner has filed the present writ petition seeking third incentive

increment and in the meantime, the State Government has issued

G.O.Ms.No.18, dated 18.01.2013 indicating that the teachers, who have

completed M.Ed., or M.Phil., or P.hd., are entitled only two incentive

increment. Hence, the prayer sought for in the writ petitioner is

misconceived. Accordingly, this Writ Petition is dismissed. No costs.

05.03.2021

Index:Yes/No Internet:Yes/No Ns

http://www.judis.nic.in W.P.(MD)No.21676 of 2017

To

1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai-600 009.

2.The Director of School Education, DMS Complex, College Road, Chennai-600 006.

3.The Chief Educational Officer, Education Department, Theni District-625 531 Theni

http://www.judis.nic.in W.P.(MD)No.21676 of 2017

M.DHANDAPANI,J.

Ns

W.P.(MD)No.21676 of 2017

05.03.2021

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