Madras High Court
G.Johnson vs The Secretary To Government on 10 October, 2022
W.P.No.21404 of 2017
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 Petition No.21404 of 2017
WMP No.22383 of 2017
G.Johnson ..Petitioner
Vs.
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,
O/o. The District Educational Office,
Nagercoil-1, Kanyakumari District.
4. The Correspondent,
The Salvation Army Higher Secondary School,
Vetturnimadam, Nagercoil -3,
Kanyakumari District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Mandamus, directing the 3rd respondent herein to
sanction incentive increment for the period for possessing M.Phil
Qualification by extending the benefits of G.O.Ms.Nos.209 and 15, School
Education Department dated 08.07.2010 and 28.03.2013 respectively issued
1/6
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W.P.No.21404 of 2017
by the 1st respondent and also in the light of the order passed by this Court
in W.A.(MD) No.426 of 2008 dated 07.06.2008 W.P. No.5704 of 2007
dated 19.08.2009 W.P.No.9200 of 2011 dated 12.04.2011 and W.P.(MD)
No.11802 to 11806 of 2013 dated 24.07.2013 within the time frame that
may be stipulated by this Court.
For Petitioner : Mr.M.Venkadeshan
For Respondents : Mrs.S.Mythreye Chandru
Spl. Govt. Pleader, for RR 1 to 3
Mr.J.James, for R4
ORDER
(Order of the Court was delivered by R.SUBRAMANIAN, J.)
The Writ Petition 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
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W.P.No.21404 of 2017
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
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
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W.P.No.21404 of 2017
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,
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.
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W.P.No.21404 of 2017
4. In view of the categorical pronouncement of the Full Bench
extracted above, we cannot take any other view. Hence the Writ Petition
filed by the petitioner seeking incentive increments will stand dismissed.
There shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.)
jv 10.10.2022
Index: Yes/no
Internet: Yes/no
speaking order/non speaking order
To
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,
O/o. The District Educational Office,
Nagercoil-1, Kanyakumari District.
4. The Correspondent,
The Salvation Army Higher Secondary School,
Vetturnimadam, Nagercoil -3, Kanyakumari District.
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W.P.No.21404 of 2017
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
(jv)
Writ Petition No.21404 of 2017
WMP No.22383 of 2017
10.10.2022
https://www.mhc.tn.gov.in/judis
