Madras High Court
Sr.P.Mary Janet vs The State Of Tamil Nadu on 8 March, 2021
W.P.(MD) No.4534 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.4534 of 2021
and
W.M.P(MD) Nos.3642 and 3643 of 2021
Sr.P.Mary Janet
B.T.Asst.Mathematics,
St.Antony's High School,
Mullanganavilai Post-629157,
Kanyakumari District. ...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,
Nagercoil-629001,
Kanyakumari District.
4.The District Educational Officer,
Kuzhithurai-629165.
Kanyakumari District.
http://www.judis.nic.in
1/8
W.P.(MD) No.4534 of 2021
5.The Correspondent,
St.Antony's High School,
Mullanganavilai-629 157,
Kanyakumari Distirct. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned proceedings issued by the fourth
respondent District Educational Officer in O.Mu.No.3344/A2/2020 dated
25.01.2021, quash the same and further direct the fourth respondent
District Educational officer herein to sanction the two advance increment
to the petitioner for acquiring M.Sc., Degree with effect from the date of
her eligibility.
For Petitioner : Mr.S.Amala Irudhaya Mary
For R-1 to R-4 : Mr.N.Shanmugaselvam,
Additional Government Pleader
ORDER
The petitioner herein, has possessed higher education during
her service under the fifth respondent herein and she aspired to avail
incentive increment for her higher education, in terms of the Regulations
governing them. When the fifth respondent had sought for the approval
for registration of the petitioner's higher qualification for the purpose of
http://www.judis.nic.in
W.P.(MD) No.4534 of 2021
granting incentive increment, the same came to be rejected by the fourth
respondent herein, stating that, the petitioner had not obtained prior
permission of the Authorities, for undergoing higher education.
2. The petitioner herein intends to avail incentive increment
for having possessed higher educational qualification and the purpose for
which the ratification of his higher degree was sought for was to make
the petitioner eligible for availing the said increment.
3. 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
permission of the department, the teacher was not entitled
to the incentive increments for obtaining such higher
http://www.judis.nic.in
W.P.(MD) No.4534 of 2021
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,
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
http://www.judis.nic.in
W.P.(MD) No.4534 of 2021
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.”
4. 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 petitioner
herein would be entitled for incentive increment for having possessed
higher educational qualification, even though she had not obtained prior
permission of the Authorities for having undergone the course for such
higher education.
5. In the light of the above observations, the fifth respondent
Management is granted liberty to make an appropriate proposal to the
fourth respondent herein, recommending the candidature of the petitioner
herein for grant of incentive increment for having possessed her higher
educational degree. On receipt of such a proposal, the fourth respondent
herein, shall positively consider the same, if not 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.
http://www.judis.nic.in
W.P.(MD) No.4534 of 2021
6. Accordingly, the Writ Petition stands allowed. However, there
shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
08.03.2021
Index : Yes / No
Internet : Yes / No
cp
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,
State of Tamil Nadu,
Department of School Education,
Fort St.George, Chennai-600 009.
2.The Director of School Education,
College Road, Chennai-600 006.
http://www.judis.nic.in
W.P.(MD) No.4534 of 2021
3.The Chief Educational Officer,
Nagercoil-629001,
Kanyakumari District.
4.The District Educational Officer,
Kuzhithurai-629165.
Kanyakumari District.
5.The Correspondent,
St.Antony's High School,
Mullanganavilai-629 157,
Kanyakumari Distirct.
http://www.judis.nic.in
W.P.(MD) No.4534 of 2021
M.S.RAMESH, J.
cp
W.P.(MD) No.4534 of 2021
08.03.2021
http://www.judis.nic.in
