Madras High Court
J.Nethirabai vs The Chief Educational Officer on 9 March, 2021
W.P.(MD) No.4886 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.4886 of 2021
J.Nethirabai ...Petitioner
Vs.
1.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.The District Educational Officer,
Cheranmahadevi, Tirunelveli District.
3.The Headmaster,
(Since School is under direct payment)
C.M.S.Higher Secondary School,
Karisal, Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records relating to impugned proceedings in O.Mu.No.2347/A3/2016,
dated 07.09.2016 of the 2nd respondent herein and quash the same and
consequently, direct the respondents herein to award incentive increment
for M.A., and B.Ed., degree with effect from the date of passing of the
said degrees to the petitioner herein with attended benefits.
For Petitioner : Mr.T.Pon Ramkumar
For Respondents : Mr.N.Shanmuga Selvam
Additional Government Pleader
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W.P.(MD) No.4886 of 2021
ORDER
The petitioner herein, has possessed higher education during his
service under the third respondent herein and he aspired to avail
incentive increment for his higher education, in terms of the Regulations
governing them. When the third respondent had sought for the approval
for registration of the petitioner's higher qualification for the purpose of
granting incentive increment, the same came to be rejected by the second
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
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W.P.(MD) No.4886 of 2021
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
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”
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W.P.(MD) No.4886 of 2021
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
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 he 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 third respondent
Management is granted liberty to make an appropriate proposal to the
second respondent herein, recommending the candidature of the
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W.P.(MD) No.4886 of 2021
petitioner herein for grant of incentive increment for having possessed
his higher educational degree. On receipt of such a proposal, the second
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.
6. Accordingly, the Writ Petition stands allowed. However, there
shall be no order as to costs.
09.03.2021
Index : Yes / No
Internet : Yes / No
TM
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.
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W.P.(MD) No.4886 of 2021
M.S.RAMESH, J.
TM
To
1.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.The District Educational Officer,
Cheranmahadevi, Tirunelveli District.
W.P.(MD) No.4886 of 2021
09.03.2021
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