Madras High Court
The Government Of Tamil Nadu vs P.Ganesan on 21 September, 2022
W.A(MD)Nos.781 to 791 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.09.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.A(MD)Nos.781 to 791 of 2016
and
C.M.P(MD)Nos.4775 to 4785 of 2016
W.A(MD)No.781 of 2016:
01.The Government of Tamil Nadu,
Rep. by its Secretary,
School Education Department,
Fort St. George, Secretariat,
Chennai – 600 009.
02.The Director of Elementary Education,
D.P.I. Campus, College Road,
Nungambakkam,
Chennai – 600 006.
03.The District Elementary Educational Officer,
Madurai District,
Madurai.
04.The Assistant Elementary Educational Officer,
Madurai North,
Madurai. ... Appellants/Respondents 1 to 4
Vs.
01.P.Ganesan ... Respondent/Writ Petitioner
02.Veeramamunivar Vidyasala Middle School,
Rep. by its Correspondent,
No.2A, Kanagavel Colony,
Madurai. .... Respondent/5th Respondent
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.A(MD)Nos.781 to 791 of 2016
PRAYER: Appeals filed under Clause 15 of the Letters Patent,
against the order dated 21.01.2016 passed in
W.P(MD)No.1245 of 2016.
For Appellant : Mr.D.Sasikumar,
Additional Government
Pleader
For R-1 : Mr.M.Saravanan
For R-2 : No Appearance
COMMON JUDGMENT
************************
J. NISHA BANU, J.
AND
N. ANAND VENKATESH, J.
The subject matter of challenge in all these Writ Appeals
pertains to incentive increment claimed by the writ petitioners for
acquiring higher qualification. All the writ petitions were allowed
and the matter was remanded back to the concerned District
Elementary Officer to pass fresh orders in the light of the order
passed in W.P.No.7381 of 2007, dated 13.10.2014.
2. Heard Mr.D.Sasikumar, learned Additional Government
Pleader for the appellants and Mr.M.Saravanan, learned counsel
for the first respondent in all the writ appeals.
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.781 to 791 of 2016
3. The issue that is involved in these Writ Appeals is squarely
covered by the earlier order passed in W.A(MD)Nos.895 of 2013
and 336, 874 and 1190 of 2016, dated 05.03.2018. For proper
appreciation, the relevant portions of the order dated 05.03.2018,
is extracted hereunder:
“3.The reason for refusing the incentive increment
is on ground that the writ petitioners when they were
appointed had given an undertaking that they will not
claim incentive increment when they acquire higher
qualification.
4.Similar issue was considered by the Division
Bench in the case of State of Tamil Nadu v. Louis in
W.A.(MD)No.511 of 2011 dated 27.06.2011. After
considering the objections raised by the Government,
which is similar to objections raised in these appeals,
the Court pointed out that the respondent therein, had
acquired higher qualification M.Sc., and M.Ed., and
acquiring higher education will not prevent the writ
petitioners from claiming the incentive increment for
higher qualification. Therefore, the order passed by the
writ Court, granting relief to the teacher was affirmed
and the appeal filed by the State was dismissed. The
State preferred a special leave petition before the
Hon'ble Supreme Court in Slp.C.C.No.13056 of 2014,
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.781 to 791 of 2016
which was dismissed by an order dated 25.08.2014. It is
seen that the judgment rendered by the Division Bench
has been implemented by the Government in G.O.Ms.No.
(3d) No.13 School Education Department, dated
06.02.2015. The writ Court, took into consideration, the
decision of the Division Bench in the case of
Premkumari v. State of Tamil Nadu (2008 (5) MLJ
1349), while granting relief to the writ petitioners.”
4. In the light of the above, we do not find any merits in the
appeals filed by the State and accordingly, all the Writ Appeals are
dismissed. No Costs. Consequently, connected miscellaneous
petitions are closed.
[J.N.B.,J.] & [N.A.V.,J.]
21.09.2022
Index : Yes/No
Internet : Yes/No
pm
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.781 to 791 of 2016
To:
01.The Secretary,
The Government of Tamil Nadu,
School Education Department,
Fort St. George, Secretariat,
Chennai – 600 009.
02.The Director of Elementary Education,
D.P.I. Campus, College Road,
Nungambakkam,
Chennai – 600 006.
03.The District Elementary Educational Officer,
Madurai District,
Madurai.
04.The Assistant Elementary Educational Officer,
Madurai North,
Madurai.
https://www.mhc.tn.gov.in/judis
W.A(MD)Nos.781 to 791 of 2016
J.NISHA BANU, J.
AND
N.ANAND VENKATESH, J.
pm
COMMON JUDGMENT MADE IN
W.A(MD)Nos.781 to 791 of 2016
21.09.2022
https://www.mhc.tn.gov.in/judis
