The Secretary To Government vs R.Susai Raj
2022 Latest Caselaw 15814 Mad

Citation : 2022 Latest Caselaw 15814 Mad
Judgement Date : 10 October, 2022

Madras High Court

The Secretary To Government vs R.Susai Raj on 10 October, 2022

                                                                               W.A.No.2789 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 10.10.2022
                                                      CORAM:
                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                        AND
                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
                                            Writ Appeal No.2789 of 2021
                                                       and
                                              CMP No.18293 of 2021

                     1.The Secretary to Government,
                       School Education Department,
                       Fort St.George, Chennai – 9.

                     2.The Director of School Education,
                       College Road, Chennai – 6.

                     3.The District Educational Officer,
                       Cuddalore – 1, Cuddalore District.                          ..Appellants

                                                            Vs.

                     1.R.Susai Raj

                     2.The Correspondent,
                       St.Joseph's Higher Secondary School,
                       Manjakuppam, Cuddalore – 607 001.                        .. Respondents

                     Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the
                     order passed by this Court in W.P.No.8758/2014 dated 27.08.2014.




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https://www.mhc.tn.gov.in/judis
                                                                                   W.A.No.2789 of 2021

                                  For Appellants   : Mrs. S.Mythreye Chandru
                                                               Special Govt. Pleader (Edn.)

                                  For Respondents : Ms.A.Arul Mary for
                                                              M/s Father Xavier Associates for R2


                                                    JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

The Writ Appeal has been posted upon a reference being answered

by a Full Bench of this Court in WA No.3674 of 2019 etc. batch dated

29.04.2022. A reference was made to a Full Bench in view of the conflict

between two Division Bench judgments of this Court, one in WA (MD)

Nos.701 and 769 of 2015 etc., dated 15.07.2015 (The Director of School

Education and others v. S.Amalraj) holding that a teacher is entitled to a

third set of incentive increment on account of acquiring higher qualification

and the other in WA No.1664 of 2016 dated 29.06.2018 (The Director of

School Education and others v. V.Dhanapal) taking a contrary view and

concluding that a teacher, during the entire tenure of service, would be

entitled to only two sets of incentive increments and nothing more.

2. Upon a reference being made, the Full Bench had answered the

issue concluding that the judgment of the Division Bench in WA. No.1664

of 2016 dated 29.06.2018 reflects the correct position of law. After

https://www.mhc.tn.gov.in/judis W.A.No.2789 of 2021

considering the various Government Orders issued on the subject, the Full

Bench had observed as follows:

“12. A perusal of the above order puts the issue beyond pale of doubt that as per the policy of the Government, a teacher for the entire period of his/her service shall be granted two incentives (four increments) only. Therefore, there cannot be any dispute regarding the fact that a Secondary Grade Teacher or B.T.Assistant or Post Graduate Teacher during the entire period of service as a teacher, is entitled to get only two incentive increments. Taking note of the same only, the Division Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others v. V.Dhanapal) has categorically held that the acquisition of an M.Phil.

qualification does not entitle a teacher for a third incentive increment, in view of G.O.Ms.No.1024, Education, Science and Technology Department, dated 09.12.1993 restricting the number of incentive increments to two and therefore, any teacher is not entitled to a third incentive increment.”

3. An attempt is made by Mr.Sasidharan and Mr.Ganesan,

https://www.mhc.tn.gov.in/judis W.A.No.2789 of 2021

appearing for some of the teachers to contend that those teachers who have

obtained the additional qualification prior to 09.12.1993, namely the date on

which G.O.Ms.Nos.1023 and 1024 came to be issued would be entitled to

incentive increments, since the number of increments was limited only by

the said two Government Orders. We are unable to accept the said

contention of the learned counsel appearing for some of the respondents

because the Full Bench has categorically held that any teacher during the

entire period of his/her tenure would be entitled only to two sets of incentive

increments.

4. In view of the categorical pronouncement of the Full Bench