Madras High Court
The State Of Tamil Nadu vs P.B.Vinodh on 10 October, 2022
W.A.(MD) No.908 of 2020
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 (MD) No.908 of 2020
and CMP (MD) No. 4935 of 2020
1. The State of Tamil Nadu
Rep by its Secretary,
Department of School Education,
Fort St. George, Chennai 600 009.
2. The Director of School Education,
College Road, Chennai 600 006.
3. The Chief Educational Officer,
Kanyakumari District,
Nagerkoil 629 001.
4. The District Educational Officer,
Thuckalay,
Kanyakumari District. ..Appellants
Vs.
1. P.B.Vinodh
2. The Secretary,
Devaswom Higher Secondary School,
Mondaikadu 620 252,
Kanyakumari District. .. Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.908 of 2020
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the
order passed by this Court dated 03.08.2018 passed in W.P.(MD) No.17168
of 2018.
For Appellants : Mrs. S.Mythreye Chandru
Special Govt. Pleader (Edn.)
For Respondent : Mr.V.Panneerselvam, for R1
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
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.908 of 2020
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
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.908 of 2020
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.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.908 of 2020
4. In view of the categorical pronouncement of the Full Bench
extracted above, we cannot take any other view. Hence the Writ Appeal filed
by the Government will stand allowed and the Writ Petition 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.)
10.10.2022
Index: Yes/No
Internet: Yes/No
speaking order/non speaking order
jv
To
1. The Secretary to Govt.,
Govt.of Tamil Nadu
Department of School Education,
Fort St. George, Chennai 600 009.
2. The Director of School Education,
College Road, Chennai 600 006.
3. The Chief Educational Officer,
Kanyakumari District,
Nagerkoil 629 001.
4. The District Educational Officer,
Thuckalay,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.908 of 2020
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
(jv)
Writ Appeal (MD) No.908 of 2020
and CMP (MD) No. 4935 of 2020
10.10.2022
https://www.mhc.tn.gov.in/judis
