The Director Of School Education vs M.Krishnamurthy
2022 Latest Caselaw 15866 Mad

Citation : 2022 Latest Caselaw 15866 Mad
Judgement Date : 10 October, 2022

Madras High Court

The Director Of School Education vs M.Krishnamurthy on 10 October, 2022

                                                                                  Writ Appeal No.92 of 2016

                                    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.92 of 2016
                                               and C.M.P.No.1046 of 2016

                     1.The Director of School Education,
                       DPI Campus, College Road,
                       Chennai - 600 006.

                     2.The Chief Educational Officer,
                       Tiruvannamalai District,
                       Tiruvannamalai.

                     3.The Headmaster,
                       Government Girls Higher Secondary School,
                       Melpallipattu,
                       Tiruvannamalai District.                                           ...Appellants
                                                       Vs.

                     M.Krishnamurthy                                                      ...Respondent

                     Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the
                     order passed by this Court dated 19.12.2013 passed in W.P.No.34619 of
                     2013.
                                     For Appellants      : Mrs.S.Mythreye Chandru
                                                           Special Govt. Pleader (Edn.)

                                     For Respondent : Not ready in Notice


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https://www.mhc.tn.gov.in/judis
                                                                                  Writ Appeal No.92 of 2016

                                                    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.

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:

https://www.mhc.tn.gov.in/judis Writ Appeal No.92 of 2016

“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.”

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

https://www.mhc.tn.gov.in/judis Writ Appeal No.92 of 2016

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 Appeal filed