Madras High Court
C.Beenu Mahisha vs The Chief Educational Officer on 9 June, 2022
W.P.(MD).No.7329 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2022
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH
W.P.(MD).No.7329 of 2021
1.C.Beenu Mahisha
2.V.Jameela Jona Park
3.M.Lily Selvakumari
4.P.Jayanthi Rani
5.S.David Raja
6.D.Helen Mercy
7.A.Divya Prabha ... Petitioners
Vs.
1.The Chief Educational Officer,
Thanjavur,
Thanjavur District.
2.The District Educational Officer,
Thanjavur,
Thanjavur District.
3.The Correspondent,
St.Peter's Higher Secondary School,
Thanjavur – 613 009,
Thanjavur District. ...Respondents
1/7
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W.P.(MD).No.7329 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to impugned proceedings in O.Mu.No:5278/A4/2020 dated
12.03.2021 of the second respondent herein and quash the same and
consequently direct the respondents herein to award incentive increments to the
petitioners for their M.Phil, M.A., M.Ed and B.Ed degree with effect from the
date of passing of the said degrees / date of appointment to the petitioners
herein with attended benefits.
For Petitioners : Mr.T.Pon Ramkumar
For R-1 and R-2 : Mr.A.Kannan,
Additional Government Pleader.
ORDER
The petitioners herein, have possessed higher education during their
service under the third respondent herein and they aspired to avail incentive
increment for their higher education, in terms of the Regulations governing
them. When the third respondent had sought for the approval for registration of
the petitioners' higher qualification for the purpose of granting incentive
increment, the same came to be rejected by the second respondent herein,
stating that, the petitioners had not obtained prior permission of the authorities,
for undergoing higher education.
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W.P.(MD).No.7329 of 2021
2. The petitioners herein intend to avail incentive increment for having
possessed higher educational qualification and the purpose for which the
ratification of their higher degree was sought for was to make the petitioners
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 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
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W.P.(MD).No.7329 of 2021
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 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.”
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W.P.(MD).No.7329 of 2021
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 petitioners herein would
be entitled for incentive increment for having possessed higher educational
qualification, even though they had not obtained prior permission of the
authorities for having undergone the course for such higher education.
5. It is brought to the notice of this Court that the proposal sent by the
third respondent school has been returned through the impugned order dated
12.03.2021.
6. In view of the above observations, the petitioners herein would be
entitled for award of incentive increment. Accordingly, the impugned order
dated 12.03.2021 is quashed and consequently, there shall be a direction to the
second respondent herein to award incentive increment for M.Phil, M.A., M.Ed
and B.Ed degree with effect from the date of passing of the said degrees to the
petitioners herein along with attendant benefits, by passing appropriate orders
within a period of four (4) weeks from the date of receipt of a copy of this
order.
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W.P.(MD).No.7329 of 2021
7. This Writ Petition stands allowed accordingly. There shall be no order
as to costs.
09.06.2022
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The Chief Educational Officer,
Thanjavur,
Thanjavur District.
2.The District Educational Officer,
Thanjavur,
Thanjavur District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.7329 of 2021
M.S.RAMESH, J.
Lm
W.P.(MD).No.7329 of 2021
09.06.2022
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