Madras High Court
B. Palani vs . on 10 October, 2022
W.P.Nos.39808 to 39818 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.39808 to 39818 of 2016
WP No.39808 of 2016
R.Jeevarathinaraju
Vs.
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of Ele. Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The District Elementary Educational Officer,
Vellore, Vellore District.
4. The Assistant Elementary Educational Officer,
Shollingar, Vellore District.
WP No.39809 of 2016
R.Arokiasamy
Vs.
1/11
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W.P.Nos.39808 to 39818 of 2016
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of School Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The Chief Educational Officer,
Villupuram, Villupuram District.
4. The District Educational Officer,
Kallakurichi, Villupuram District.
WP No.39810 of 2016
V.Dhass
Vs.
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of Elementary School Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The Assistant Elementary Educational Officer,
Vandavasi, Thiruvannamalai District.
2/11
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W.P.Nos.39808 to 39818 of 2016
WP Nos.39811, 39812 & 39813 of 2016
B. Palani ..Petitioner in WP No.39811 of 2016
L.Danalakshmi ..Petitioner in WP No.39812 of 2016
M.Venkatesan ..Petitioner in WP No.39813 of 2016
Vs.
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of School Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The Chief Educational Officer,
Vellore, Vellore District.
WP Nos. 39814, 39815 of 2016
V.Lakshmi Samethan ..Petitioner in WP No.39814 of 2016
V.Manoharan ..Petitioner in WP No.39815 of 2016
Vs.
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of Elementary Education,
College Road, Nungambakkam, Chennai 600 006.
3/11
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W.P.Nos.39808 to 39818 of 2016
3. The Chief Elementary Educational Officer,
Coimbatore, Coimbatore District.
WP No. 39816 of 2016
P. Krishnan
Vs.
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of School Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The Chief Educational Officer,
Thiruvannamalai, Thiruvannamalai District.
WP No. 39817 of 2016
G.Gunasekaran
Vs.
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of School Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The Chief Educational Officer,
Villupuram, Villupuram District.
4/11
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W.P.Nos.39808 to 39818 of 2016
WP No. 39818 of 2016
K.Krishnan
Vs.
1. The Government of Tamilnadu
Rep. by Secretary to Government
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of School Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The Chief Educational Officer,
Kanchipuram District.
Prayer: Writ Petitions filed under Article 226 of the Constitution of India
seeking to issue a Writ of Mandamus, directing the respondents to sanction
(i) third incentive increment for acquiring M.Ed., Degree in the year May
1996 (ii) third incentive increment for acquiring M.Ed., Degree in the year
April 1990 (iii) third incentive increment for acquiring M.Ed., Degree in the
year Feb. 1993 (iv) third incentive increment for acquiring M.Phil., Degree
in the year May 2009 (v) third incentive increment for acquiring M.Phil.,
Degree in the year 1997 (vi) third incentive increment for acquiring M.Phil.,
Degree in the year May 2008 (vii) third incentive increment for acquiring
M.Ed., Degree in the year Dec. 1992 (viii) third incentive increment for
acquiring M.Ed., Degree in the year 1989 (ix) third incentive increment for
acquiring M.Ed., Degree in the year Dec. 1989 (x) third incentive increment
for acquiring M.Ed., Degree in the year May 1994 (xi) third incentive
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W.P.Nos.39808 to 39818 of 2016
increment for acquiring M.Ed., Degree in the year June 1991 respectively to
the petitioner and settle all the consequential monetary benefits payable to
the petitioner within a stipulated time as fixed by this Court.
For Petitioners : Mr.V.Thirupathi
(in all the petitions)
For Respondents : Mrs.S.Mythreye Chandru
(in all the petitions) Special Govt. Pleader,
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,
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W.P.Nos.39808 to 39818 of 2016
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:
“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
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W.P.Nos.39808 to 39818 of 2016
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.
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W.P.Nos.39808 to 39818 of 2016
4. In view of the categorical pronouncement of the Full Bench
extracted above, we cannot take any other view. Hence the Writ Petitions
filed by the petitioners in all the petitions seeking incentive increments will
stand dismissed. There shall be no order as to costs.
(R.SUBRAMANIAN, J.) (K.KUMARESH BABU,
J.)
10.10.2022
Index: Yes/no
Internet: Yes/no
speaking order/non speaking order
jv
To
1. The Secretary to Government
Government of Tamilnadu
School Education Department,
Secretariat, Chennai 600 009.
2. The Director of Ele. Education,
College Road,
Nungambakkam, Chennai 600 006.
3. The District Elementary Educational Officer,
Vellore, Vellore District.
4. The Assistant Elementary Educational Officer,
Shollingar, Vellore District.
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W.P.Nos.39808 to 39818 of 2016
5. The Chief Educational Officer,
Villupuram, Villupuram District.
6. The District Educational Officer,
Kallakurichi, Villupuram District.
7. The Director of Elementary School Education,
College Road,
Nungambakkam, Chennai 600 006.
8. The Assistant Elementary Educational Officer,
Vandavasi, Thiruvannamalai District.
9. The Chief Educational Officer,
Vellore, Vellore District.
10. The Chief Elementary Educational Officer,
Coimbatore, Coimbatore District.
11. The Chief Educational Officer,
Thiruvannamalai, Thiruvannamalai District.
12. The Chief Educational Officer,
Villupuram, Villupuram District.
13. The Chief Educational Officer,
Kanchipuram District.
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W.P.Nos.39808 to 39818 of 2016
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
(jv)
Writ Petition Nos.39808 to 39818 of 2016
10.10.2022
https://www.mhc.tn.gov.in/judis
