Madras High Court
The Secretary To Government vs C.H.Richard on 10 October, 2022
Writ Appeal Nos.576, 577 and 578 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 Nos.576, 577 and 578 of 2018
and C.M.P.Nos.5543, 5544, 5545, 5546 and 5547 of 2018
1.The Secretary to Government,
School Education,
Fort St. George, Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai - 600 006.
2.The District Educational Officer,
Chennai North, Chennai – 600 008. ...Appellants in all Appeals
Vs.
1.C.H.Richard ...Respondent in W.A.No.576/2018
1.P.Wilson Alexraj ...Respondent in W.A.No.577/2018
1.J.Gilbert Susai Raja ...Respondent in W.A.No.578/2018
2.The Correspondent,
Don Bosco Hr.Sec.School,
Perambur, Chennai – 600 011.
...Respondents in W.A.Nos.576 & 578/ 2018
2.The Headmaster, Correspondent,
Don Bosco Hr.Sec.School,
Perambur, Chennai – 600 011. ...Respondents in W.A.No.577/ 2018
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Writ Appeal Nos.576, 577 and 578 of 2018
Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent,
against the orders passed by this Court dated 16.07.2014 made in
W.P.No.7974 of 2014, W.P.No.7975 of 2014 and W.P.No.7976 of 2014
respectively.
For Appellants in all Appeals : Mrs.S.Mythreye Chandru
Special Govt. Pleader (Edn.)
For Respondent in all Appeals : Mrs.Y.Kavitha for R1
for M/s.Giridhar & Sai
COMMON JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The Writ Appeals have 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.
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Writ Appeal Nos.576, 577 and 578 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.
qualification does not entitle a teacher for a third
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Writ Appeal Nos.576, 577 and 578 of 2018
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.
4.In view of the categorical pronouncement of the Full Bench
extracted above, we cannot take any other view. Hence the Writ Appeals
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Writ Appeal Nos.576, 577 and 578 of 2018
filed by the Government will stand allowed and the Writ Petitions will stand
dismissed. There shall be no order as to costs. Consequently, the connected
miscellaneous petitions are closed.
(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.)
10.10.2022
Index: No
Internet: Yes
speaking order
pam
To
1.The Secretary to Government,
School Education,
Fort St. George, Chennai – 600 009.
2.The Director of School Education,
College Road, Chennai - 600 006.
2.The District Educational Officer,
Chennai North, Chennai – 600 008.
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Writ Appeal Nos.576, 577 and 578 of 2018
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
pam
Writ Appeal Nos.576, 577 and 578 of 2018
and C.M.P.Nos.5543, 5544, 5545, 5546 and 5547 of 2018
10.10.2022
https://www.mhc.tn.gov.in/judis
