Madras High Court
M.Brindha vs The Chief Educational Officer on 1 April, 2022
W.P.(MD)No.15680 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.15680 of 2021
M.Brindha
BT Assistant,
Mary Sargent Girls' Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... Petitioner
Vs.
1.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The District Educational Office,
Tirunelveli, Tirunelveli District.
3.The Correspondent,
Mary Sargent Girls' Higher Secondary School,
Palayamkottai,
Tirunelveli District. ... Respondents
PRAYER : This Writ Petition is filed under Article 226 of Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records relating to impugned order in Na.Ka.No.2238/A3/2019 dated
09.05.2019 of the second respondent herein and quash the same in
respect of the petitioner alone and consequently, direct the respondents
1 and 2 herein to award annual increments, incentive, surrender leave
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W.P.(MD)No.15680 of 2021
benefits and other attended benefits to the petitioner from the date of
petitioner's appointments, namely 24.07.2017 with all attendant benefits
including pay fixation and allowance.
For Petitioner : Mr.T.Pon Ramkumar
For R1 and R2 : Mr.G.V.Vairamsanthosh
Additional Government Pleader
For R3 : Mr.G.Prabhu Rajadurai
ORDER
This writ petition has been filed challenging the impugned order
passed by the second respondent, dated 09.05.2019, thereby the annual
increments, incentive increments, surrender leave benefits and other
attendant benefits were denied to the petitioner holding that the petitioner
has not completed the Teacher Eligibility Test (TET).
2. The learned counsel appearing for the petitioner submitted that
the petitioner is working in the Minority Institution. The Teachers
working in the Minority Institution were exempted from TET
qualification. Though the issue in the writ petition has already been
settled by this Court in a number of judgments, the respondents failed to
confer all service benefits to the petitioner. In this regard, he relied on
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W.P.(MD)No.15680 of 2021
the judgment in W.A(MD) No.1862 of 2021 dated 28.09.2021, wherein
the First Division Bench of this Court, has held as follows:-
It is submitted that the appeal arises out of an order
extending certain benefits to the first respondent herein.
The principal grievance of the appellants is that the first
respondent/writ petitioner did not qualify in the TET and as
such, the benefit sought cannot be extended to such a
person.
2.It is fairly submitted on behalf of the appellants
that the issue is covered by a previous Division Bench
judgment in a batch of matters and the state has preferred a
Special Leave Petition.
3.Since the issue is already covered by a Division
Bench Judgment, no question arises of revisiting the same.
In the event the SLP succeeds and the relevant order is set
aside, that will govern all matters.
3.In spite of the settled legal position, the learned Additional
Government Pleader appearing for the respondents vehemently opposed
the grievance of the petitioner by referring the averments set out in
paragraphs No.6 to 8 in the Counter affidavit and also pending SLP.
4.Since the issue in the writ petition has already been settled by
this Court in a number of judgments, this Court is of the view that the
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W.P.(MD)No.15680 of 2021
petitioner is entitled to incentive increment. Therefore, the issue is no
more res integra. However, in the event SLP succeeds and the relevant
order is set aside, that will govern all matters.
5.Accordingly, this Writ Petition is allowed and the impugned
order passed by the second respondent dated 09.05.2019 is quashed and
the respondents 1 and 2 are directed to confer all other service benefits
such as annual increments, incentives, surrender leave benefits and other
attendant benefits to the petitioner from the date of their appointment,
within a period of twelve weeks from the date of receipt of a copy of this
order. No costs.
01.04.2022
Index: Yes/No
Internet: Yes/No
cp
To:-
1.The Chief Educational Officer,
Tirunelveli,
Tirunelveli District.
2.The District Educational Office,
Tirunelveli, Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15680 of 2021
KRISHNAN RAMASAMY, J.
cp
W.P.(MD)No.15680 of 2021
01.04.2022
https://www.mhc.tn.gov.in/judis
