The Director Of School Education vs M.Lakshmi
2022 Latest Caselaw 15876 Mad

Citation : 2022 Latest Caselaw 15876 Mad
Judgement Date : 10 October, 2022

Madras High Court

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

                                                                 Writ Appeal Nos.767 of 2015 and 1712 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.767 of 2015 and 1712 of 2018
                                                 and M.P.No.1 of 2015
                                              and C.M.P.No.13701 of 2018

                     1.The Director of School Education,
                       College Road,
                       Chennai – 600 006.                              ...Appellant in both Appeals

                     2.The Joint Director of School Education,
                       (Higher Secondary),
                       College Road,
                       Chennai – 600 006.

                     3.The District Educational Officer,
                       Virudhunagar,
                       Virudhunagar District.            ...Appellants 2 & 3 in W.A.No.767/2015

                     1.The Secretary to the Government,
                       School Education Department,
                       Fort St. George,
                       Chennai – 9.

                     3.The District Educational Officer,
                       Kovilpatti, Tuticorin District ...Appellants 1 & 3 in W.A.No.1712/2018




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https://www.mhc.tn.gov.in/judis
                                                                    Writ Appeal Nos.767 of 2015 and 1712 of 2018



                                                             Vs.

                     M.Lakshmi                                     ...Respondent in W.A.No.767/2015

1.P.Arunachalam

2.The Secretary, Nadar Higher Secondary School, Kovilpatti – 628 501 Tuticorin District. ...Respondents in W.A.No.1712/2018

Common Prayer: Writ Appeals filed under Clause 15 of Letters Patent, against the order passed by this Court dated 12.02.2013 and 27.08.2014 passed in W.P.No.17748 of 2010 and W.P.No.16200 of 2014 respectively.

For Appellants in both Appeals : Mrs.S.Mythreye Chandru Special Govt. Pleader (Edn.)

For Respondent in W.A.No.767/2015 : Mr.R.Saseetharan

For Respondents in W.A.No.1712/2018 : No appearance

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

https://www.mhc.tn.gov.in/judis Writ Appeal Nos.767 of 2015 and 1712 of 2018

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:

“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

https://www.mhc.tn.gov.in/judis Writ Appeal Nos.767 of 2015 and 1712 of 2018

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

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 Writ Appeal Nos.767 of 2015 and 1712 of 2018

4.In view of the categorical pronouncement of the Full Bench