The Director Of School Education vs N.Kanniyappan
2022 Latest Caselaw 15986 Mad

Citation : 2022 Latest Caselaw 15986 Mad
Judgement Date : 10 October, 2022

Madras High Court

The Director Of School Education vs N.Kanniyappan on 10 October, 2022

                                                                          W.A.Nos.380 & 381 of 2021

                                   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.380 & 381 of 2021
                                                        and
                                           CMP Nos.1525 & 1526 of 2021

                     W.P.No.380 of 2021

                     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 Higher Secondary School,
                       Vadailluppai, Cheyyar Taluk,
                       Tiruvannamalai District.                                     ..Appellants

                                                           Vs.

                     N.Kanniyappan                                                .. Respondent

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.34885/2013 dated 20.12.2013.

https://www.mhc.tn.gov.in/judis W.A.Nos.380 & 381 of 2021

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

For Respondent : Mr.G.Sankaran

W.P.No.381 of 2021

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

2.The Director of School Education, College Road, Chennai – 6.

3.The Chief Educational Officer, Kovilpatti, Tuticorin District. ..Appellants

Vs.

1.R.Kasthuri

2.The Secretary, Kammavar (G) Hr.Sec. School, Kalugumalai 628 523, Thoothukudi District. .. Respondents

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.18549/2013 dated 18.11.2013.

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

For Respondent : Mr.G.Sankaran for R1

https://www.mhc.tn.gov.in/judis W.A.Nos.380 & 381 of 2021

COMMON JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

These Writ Appeals 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.A.Nos.380 & 381 of 2021

“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

https://www.mhc.tn.gov.in/judis W.A.Nos.380 & 381 of 2021

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