Madras High Court
A.Anthonysamy vs The Director Of School Education on 11 March, 2021
W.P.(MD) No.5366 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.5366 of 2021
and W.M.P.(MD).Nos.4290 & 4291 of 2021
A.Anthonysamy ...Petitioner
Vs.
1.The Director of School Education,
DPI Compus,
College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Office of the Chief Educational Office,
Tiruchirappalli,
Tiruchirappalli District.
3.The District Educational Officer,
Manapparai,
Tiruchirappalli District.
4.The Correspondent,
St. Joseph's Higher Secondary School,
Pothamettupatti, Manapparai,
Tiruchirappalli 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 the impugned order passed by the 3rd respondent vide
O.Mu.No.2111/A3/2020, dated 07.11.2020 and quash the same and
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W.P.(MD) No.5366 of 2021
consequently, direct the 4th respondent to forward the proposal in respect
of the petitioner's incentive increment for having acquired M.Phil.,
(Physical Education and Sports Science), M.Sc., (Yoga for human
excellence) degrees to the 2nd and 3rd respondents and direct the 2nd and
3rd respondents to approve he same, within the time frame.
For Petitioner : Mr.D.Shanmugaraja Sethupathi
For Respondents : Mr.A.Thiyagarajan for R1 to R3
Government Advocate
ORDER
The petitioner herein, has possessed higher education during his
service under the fourth respondent herein and he aspired to avail
incentive increment for his higher education, in terms of the Regulations
governing them. When the fourth 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 third
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.
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W.P.(MD) No.5366 of 2021
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
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
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W.P.(MD) No.5366 of 2021
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
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
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W.P.(MD) No.5366 of 2021
permission of the Authorities for having undergone the course for such
higher education.
5. 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 petitioner
herein for grant of incentive increment for having possessed his higher
educational degree. On receipt of such a proposal, the third 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. Consequently, connected miscellaneous
petitions are closed.
11.03.2021
Index : Yes / No
Internet : Yes / No
TM
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W.P.(MD) No.5366 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 Director of School Education,
DPI Compus,
College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Office of the Chief Educational Office,
Tiruchirappalli,
Tiruchirappalli District.
3.The District Educational Officer,
Manapparai,
Tiruchirappalli District.
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W.P.(MD) No.5366 of 2021
M.S.RAMESH, J.
TM
W.P.(MD) No.5366 of 2021
11.03.2021
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