Madras High Court
V. Kamaraj vs The Secretary To Government on 10 October, 2022
W.P.Nos.1464 & 1465 of 2015
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 Nos.1464 & 1465 of 2015
and WP No.1 of 2015 in WP No.1465 of 2015
V. Kamaraj ..Petitioner in WP No.1464 of 2015
M. Panneerselvam ..Petitioner in WP No.1465 of 2015
Vs.
1. The Secretary to Government
School Education Department,
Fort St. George, Chennai 9.
2. The Director of School Education,
College Road, Chennai 6. .. Respondents 1&2 in
both the petitions
3. The District Educational Officer,
Thiruvaru, Thiruvarur District.
4. The Headmaster,
National Higher Secondary School,
Mannargudi 614 001.
Thiruvarur District. .. Respondent 3 & 4 in WP 1464/15
3. The District Educational Officer,
North Chennai, Egmore, Chennai 8.
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W.P.Nos.1464 & 1465 of 2015
4. The Headmaster,
T.T.V.Higher Secondary School,
New No.199, Mint Street,
Sowcarpet, Chennai – 600 079 .. Respondent 3 & 4 in WP 1465/15
Prayer: Writ Petitions filed under Article 226 of the Constitution of India
seeking
(i)WP No.1464/2015: to issue a Writ of Mandamus, directing the first
respondent to sanction incentive increments for acquiring M.Phil
qualification by extending the benefits of the GO Ms.Nos.209 and 15
School Education Department dated 08.07.2010 and 28.03.2013
respectively to the petitioner.
(ii)WP No.1465/2015: to issue a Writ of Certiorarified Mandamus, calling
for the records of the third respondent in Na.Ka.No.5243/A3/2014 dated
29.12.2014 and quash the same and direct the respondents 1 to 3 to sanction
incentive increments for acquiring M.Phil qualification in the cadre of PG
Assistant by extending the benefits of the GO Ms.Nos.209 and 15 School
Education Department dated 08.07.2010 and 28.03.2013 respectively by the
first respondent to the petitioner.
For Petitioner : Mr.S.Kamadevan
(in both the petitions)
For Respondents : Mrs.S.Mythreye Chandru
(in both the petitions) Spl. Govt. Pleader, for RR 1 to 3
No appearance for R4
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W.P.Nos.1464 & 1465 of 2015
COMMON ORDER
(Order of the Court was delivered by R.SUBRAMANIAN, J.)
The Writ Petitions have 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
considering the various Government Orders issued on the subject, the Full
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W.P.Nos.1464 & 1465 of 2015
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.”
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W.P.Nos.1464 & 1465 of 2015
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.
4. In view of the categorical pronouncement of the Full Bench
extracted above, we cannot take any other view. Hence the Writ Petitions
filed by the petitioners in both the petitions 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
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W.P.Nos.1464 & 1465 of 2015
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,
Thiruvaru, Thiruvarur District.
4. The Headmaster,
National Higher Secondary School,
Mannargudi 614 001.
Thiruvarur District.
5. The District Educational Officer,
North Chennai, Egmore, Chennai 8.
6. The Headmaster,
T.T.V.Higher Secondary School,
New No.199, Mint Street,
Sowcarpet, Chennai – 600 079.
https://www.mhc.tn.gov.in/judis
W.P.Nos.1464 & 1465 of 2015
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
(jv)
Writ Petition Nos.1464 & 1465 of 2015
and WP No.1 of 2015 in WP No.1465 of 2015
10.10.2022
https://www.mhc.tn.gov.in/judis
