Madras High Court
M.Muthukaruppanan vs The Secretary To Government on 10 October, 2022
W.A.No.1154 of 2020
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 (MD) No.1154 of 2020
M.Muthukaruppanan ..Appellant
Vs.
1. The Secretary to Government,
School Education,
Fort St. George, Chennai 9.
2. The Director of School Education,
College Road,
Chennai 6.
3. The District Educational Officer,
Madurai Educational District,
Thallakulam, Madurai. .. Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the
order passed by this Court dated 08.08.2019 passed in W.P.(MD) No.217 of
2014.
For Appellants : Mr.C.Arul Vadivel @ Sekar
For Respondent : Mrs. S.Mythreye Chandru
Special Govt. Pleader (Edn.)
1/6
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W.A.No.1154 of 2020
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 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:
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W.A.No.1154 of 2020
“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
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W.A.No.1154 of 2020
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 Appeal filed
by the individual will stand dismissed. There shall be no order as to costs.
(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.)
jv 10.10.2022
Index : Yes/No
Internet: Yes/No
speaking order/non speaking order
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W.A.No.1154 of 2020
To
1. The Secretary to Government,
School Education,
Fort St. George, Chennai 9.
2. The Director of School Education,
College Road,
Chennai 6.
3. The District Educational Officer,
Madurai Educational District,
Thallakulam, Madurai.
https://www.mhc.tn.gov.in/judis
W.A.No.1154 of 2020
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
(jv)
Writ Appeal (MD) No.1154 of 2020
10.10.2022
https://www.mhc.tn.gov.in/judis
