Madras High Court
J.Shanmugham vs The Secretary To Government on 10 October, 2022
W.P.No.3430 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.3430 of 2017
J.Shanmugham ..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,
Ponneri, Tiruvallur District.
4. The Secretary/Correspondent,
Vellayan Chettiar Higher Secondary School,
Thiruvotriyur, Chennai 19. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Certiorarified Mandamus, calling for the records of
the fourth respondent in his proceedings Nil dated 01.02.2017 and quash the
same and direct the respondents to sanction incentive increments for
acquiring M.Phil qualification to the petitioner in the cadre of PG Assistant
1/6
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W.P.No.3430 of 2017
by extending the benefits of the GO Ms.Nos.209 and 15 School Education
Department dated 08.07.2010 and 28.03.2013 issued by the first
respondent.
For Petitioner : Mr.S.Kamadevan
For Respondents : Mrs.S.Mythreye Chandru
Spl. Govt. Pleader, for RR 1 to 3
Mr.S.Thankasivan, 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
view and concluding that a teacher, during the entire tenure of service,
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W.P.No.3430 of 2017
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 29.06.2018 (The Director
of School Education and others v. V.Dhanapal) has
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W.P.No.3430 of 2017
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.3430 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.
(R.SUBRAMANIAN, J.) (K.KUMARESH BABU,
J.)
10.10.2022
Index: Yes/no
Internet: Yes/no
speaking order/non speaking order
jv
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,
Ponneri, Tiruvallur District.
4. The Secretary/Correspondent,
Vellayan Chettiar Higher Secondary School,
Thiruvotriyur, Chennai 19.
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W.P.No.3430 of 2017
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
(jv)
Writ Petition No.3430 of 2017
10.10.2022
https://www.mhc.tn.gov.in/judis
