Madras High Court
The Secretary To The Government vs N.Kannaiyan on 10 October, 2022
Writ Appeal No.1938 of 2018
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.1938 of 2018
and C.M.P.No.15550 of 2018
1.The Secretary to the Government,
Adi Dravidar Welfare Department,
Fort St.George, Chennai-9.
2.The Director of School Education,
College Road,
Nungambakkam,
Chennai-6.
3.The Director,
Adi Dravidar Welfare Department,
Chennai.
4.The District Adi Dravidar,
Welfare Officer,
District Adi Dravidar Welfare Office,
Nagapattinam.
5.The Headmaster,
Government High School,
(Adi Dravidar Welfare),
Azhinchimangalam, Palaiyoor Post,
Nagapattinam Taluk and District.
...Appellants
Vs.
1/7
https://www.mhc.tn.gov.in/judis
Writ Appeal No.1938 of 2018
N.Kannaiyan
...Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the
order passed by this Court dated 23.09.2014 passed in W.P.No.25812 of
2014.
For Appellants : Mrs.S.Mythreye Chandru
Special Govt. Pleader (Edn.)
For Respondent : No Appearance
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 W.A.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 W.A.(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 W.A.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.
https://www.mhc.tn.gov.in/judis
Writ Appeal No.1938 of 2018
2.Upon a reference being made, the Full Bench had answered the
issue concluding that the judgment of the Division Bench in W.A.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
categorically held that the acquisition of an M.Phil.
https://www.mhc.tn.gov.in/judis
Writ Appeal No.1938 of 2018
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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Writ Appeal No.1938 of 2018
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, connected
miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.)
10.10.2022
Index: No
Internet: Yes
speaking order
pam
https://www.mhc.tn.gov.in/judis
Writ Appeal No.1938 of 2018
To
1.The Secretary to the Government,
Adi Dravidar Welfare Department,
Fort St.George, Chennai-9.
2.The Director of School Education,
College Road,
Nungambakkam,
Chennai-6.
3.The Director,
Adi Dravidar Welfare Department,
Chennai.
4.The District Adi Dravidar,
Welfare Officer,
District Adi Dravidar Welfare Office,
Nagapattinam.
5.The Headmaster,
Government High School,
(Adi Dravidar Welfare),
Azhinchimangalam, Palaiyoor Post,
Nagapattinam Taluk and District.
https://www.mhc.tn.gov.in/judis
Writ Appeal No.1938 of 2018
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
pam
Writ Appeal No.1938 of 2018
and C.M.P.No.15550 of 2018
10.10.2022
https://www.mhc.tn.gov.in/judis
