R.Arthanari vs The Secretary To Government
2022 Latest Caselaw 15881 Mad

Citation : 2022 Latest Caselaw 15881 Mad
Judgement Date : 10 October, 2022

Madras High Court

R.Arthanari vs The Secretary To Government on 10 October, 2022

                                                                          W.P.Nos.32127 & 32128 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 Petition Nos.32127 & 32128 of 2016
                                             and W.M.P.No.27874 of 2016

                     R.Arthanari                            ...Petitioner in W.P.No.32127 of 2016

                     R.Mesiahdhas                           ...Petitioner in W.P.No.32128 of 2016

                                                           Vs.

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

                     2. The Director of School Education,
                        College Road, Chennai – 6. ... Respondents 1 & 2 in both the petitions

3.The District Educational Officer, North Chennai, Chennai – 600 008.

4.The Secretary, S.S.V.Aided Higher Secondary School, Ekambareswarar Koil Agraharam Street, Chennai – 600 003. ...Respondents 3 & 4 in W.P.No.32127 of 2016

https://www.mhc.tn.gov.in/judis W.P.Nos.32127 & 32128 of 2016

3. The District Educational Officer, Tirunelveli District, Tirunelveli – 9. ... Respondent in W.P.No.32128 of 2016

Prayer: Writ Petitions filed under Article 226 of the Constitution of India seeking

(i)W.P.No.32127/2016: to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in Na.Ka.No.2951/A2/2016 dated 31.07.2016 and quash the same and direct the respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in the cadre of Headmaster of Higher Secondary School by extending the benefits of the G.O.Ms.Nos.209 and 15 School Education Dept. dated 08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner.

(ii)W.P.No.32128/2016: to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in A.Thi.Mu.No.1428/43/2014 dated 24.02.2014 and quash the same and direct the respondents 1 to 3 to sanction incentive increments for acquiring M.Phil qualification in the cadre of PG Assistant by extending the benefits of the G.O.Ms.Nos.209 and 15 School Education Dept. dated 08.07.2010 and 28.03.2013 issued by the first respondent to the petitioner.

For Petitioner : Mr.S.Kamadevan (in both the petitions)

For Respondents : Mrs.S.Mythreye Chandru (in both the petitions) Spl. Govt. Pleader, for RR 1 to 3

https://www.mhc.tn.gov.in/judis W.P.Nos.32127 & 32128 of 2016

COMMON ORDER (Order of the Court was delivered by R.SUBRAMANIAN, J.)

The Writ Petitions have 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

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:

https://www.mhc.tn.gov.in/judis W.P.Nos.32127 & 32128 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

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

https://www.mhc.tn.gov.in/judis W.P.Nos.32127 & 32128 of 2016

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