Madras High Court
S.Prema vs The Director Of School Education on 7 April, 2022
W.P.(MD) No.6018 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.6018 of 2019
S.Prema ... Petitioner
vs.
1.The Director of School Education
DPI Complex, College Road
Chennai-600 006
2.The Joint Director of School Education
DPI Complex, College Road
Chennai-600 006
3.The Chief Educational Officer
Dindigul District, Dindigul
4.The Headmaster
Nehruji Memorial Corporation
Higher Secondary School
Dindigul, Dindigul District ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of writ of mandamus directing the respondents herein to sanction
one set of third incentive increment to the petitioner for acquiring higher
qualifications of M.Phil., (Zoology) from the date of his promotion as
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W.P.(MD) No.6018 of 2019
P.G.Assistant i.e. from 21.11.2011 by considering his representation dated
24.09.2018.
For Petitioner : Mr.J.Lawrance
For Respondents : Mr.G.V.Vairam Santhosh
Additional Government Pleader
ORDER
The relief sought for in this writ petition is to direct the
respondents herein to sanction one set of third incentive increment to the
petitioner for acquiring M.Phil., (Zoology) from the date of her promotion as
P.G.Assistant i.e. from 21.11.2011 by considering her representation, dated
24.09.2018.
2. The writ petitioner is working as P.G.Assistant (Zoology) in the
fourth respondent School. On possessing additional educational qualification,
the petitioner submitted an application for incentive increment as per the
Government Orders. Two incentive increments were sanctioned in favour of
the petitioner and she is receiving two incentive increments. Thereafter, the
petitioner submitted a representation seeking third incentive increment for
possessing additional educational qualification. The claim of the writ
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W.P.(MD) No.6018 of 2019
petitioner has not been considered by the respondents till date. Hence, the
writ petitioner was constrained to move the present writ petition.
3. The issue with regard to grant of third incentive increment was
already adjudicated by the Honourable Division Bench of this Court, vide
Judgment dated 29.06.2018 in W.A.No.1664 of 2016, by stating that a
Teacher is entitled to get only two incentive increments throughout the service.
This Court has also passed number of orders stating that as per the
Government Orders in force, the Teacher is entitled to get two incentive
increments in the entire service. In the present case, admittedly, the
petitioner is already receiving two incentive increments and therefore, she is
not entitled for third incentive increment as per the Government Order in
force. In such view of the matter, the relief sought for by the petitioner cannot
be granted.
4. Accordingly, the writ petition is dismissed. No costs.
07.04.2022
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.6018 of 2019
To:
1.The Director of School Education,
DPI Complex, College Road,
Chennai-600 006.
2.The Joint Director of School Education,
DPI Complex, College Road,
Chennai-600 006.
3.The Chief Educational Officer,
Dindigul District,
Dindigul.
4.The Headmaster,
Nehruji Memorial Corporation,
Higher Secondary School,
Dindigul, Dindigul District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.6018 of 2019
S.M.SUBRAMANIAM, J.
krk
W.P.(MD) No.6018 of 2019
07.04.2022
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https://www.mhc.tn.gov.in/judis
