Madras High Court
The Chief Educational Officer vs Francis Manoharan on 23 August, 2023
2023/MHC/3948
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRVARTHY
W.A(MD)NOs.505, 519 and 496 OF 2022
and
C.M.P(MD)Nos.4546,4576,4640 of 2022 and 10183 of 2023
W.A(MD)NO.505 OF 2022
1.The Chief Educational Officer,
Thoothukudi,
Thoothukudi District.
2.The District Educational Officer,
Thoothukudi,
Thoothukudi District. :Appellant/Respondents 1 and 2
.vs.
1.Francis Manoharan,
BT Assistant Maths,
St.Mary’s Boys Higher Secondary School,
Millerpuram – 628 008.
Thoothukudi District. : Ist Respondent/Writ Petitioner
2.The Correspondent,
St.Mary’s Boys Higher Secondary School,
Millerpuram – 628 008, Thoothukudi.
:2nd Respondent/3rd Respondent.
W.A(MD)NO.519 OF 2022
1.The Joint Director of School Education,
College Road,
Chennai-600 006.
2.The Chief Educational Officer,
Thoothukudi,
https://www.mhc.tn.gov.in/judis
2
Thoothukudi District.
2.The District Educational Officer,
Thoothukudi,
Thoothukudi District. :Appellant/Respondents 1 to 3
.vs.
1.S.Arul Raj,
BT Assistant science,
St.Mary’s Boys Higher Secondary School,
Millerpuram – 628 008.
Thoothukudi District. : Ist Respondent/Writ Petitioner
2.The Correspondent,
St.Mary’s Boys Higher Secondary School,
Millerpuram – 628 008, Thoothukudi.
:2nd Respondent/3rd Respondent.
W.A(MD)NO.496 OF 2022
1.The Chief Educational Officer,
Thoothukudi,
Thoothukudi District.
2.The District Educational Officer,
Thoothukudi,
Thoothukudi District. :Appellant/Respondents 1 and 2
.vs.
1.S.Giltus,
Secondary Grade Teacher,
St.Mary’s Boys Higher Secondary School,
Millerpuram – 628 008.
Thoothukudi District. : Ist Respondent/Writ Petitioner
2.The Correspondent,
St.Mary’s Boys Higher Secondary School,
Millerpuram – 628 008, Thoothukudi.
:2nd Respondent/3rd Respondent.
PRAYER in W.A(MD)No.505 of 2022 Writ Appeal filed under
https://www.mhc.tn.gov.in/judis
3
Clause 15 of the Letters Patent praying this Court to set aside the
order passed by this Court in W.P(MD)No.3654 of 2021, dated
25.02.2021.
PRAYER in W.A(MD)No.519 of 2022 Writ Appeal filed under
Clause 15 of the Letters Patent praying this Court to set aside the
order passed by this Court in W.P(MD)No.3330 of 2021, dated
22.02.2021.
PRAYER in W.A(MD)No.496 of 2022 Writ Appeal filed under
Clause 15 of the Letters Patent praying this Court to set aside the
order passed by this Court in W.P(MD)No.3846 of 2021, dated
01.03.2021.
For Appellants :Mr.D.Sadiq Raja
in all appeals Addl.Govt.Pleader
For Respondent-1 :M/s.A.Amala
in all appeals
For Respondent-2 :No appearance
in all appeals
COMMON JUDGMENT
****************
[Judgment of the Court was made by S.S.SUNDAR,J.]
These Writ Appeals are filed challenging the impugned orders
passed in the Writ Petitions which are common in all these cases.
2.Heard the learned counsel appearing on either side and
https://www.mhc.tn.gov.in/judis
4
perused the materials placed before this Court.
3.This Court has already decided similar cases where the
orders allowing the Writ Petitions filed by the teachers are upheld by
this Court. Applications filed for incentive increments filed by the
individual teachers/Writ Petitioners are rejected only on the ground
that the Writ Petitioners have not obtained prior permission of the
authority for undergoing the higher education.
4.The learned Single Judge, taking note of few decisions and
accepting the claim of the teachers, allowed the Writ Petitions. This
Court, has also allowed several other cases which are similar to the
case pleaded by the Writ Petitioners. Since the Writ Petitions filed by
the teachers have been allowed in tune with several decisions of this
Court, wherein, the eligibility of the teachers to get incentive
increments even if they have undergone higher education without
obtaining prior permission from the authorities, have been
considered in favour of the Writ Petitioners. This Court finds no
merit in any of the Writ Appeals, in view of the earlier orders,
particularly, when there is an order passed by this Court in
W.A(MD)No.1124 of 2023, dated 24.07.2023 in Neutral Citation in
No.2023/MHC/3338.
https://www.mhc.tn.gov.in/judis
5
5.Accordingly, all these Writ Appeals stand dismissed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
[S.S.S.R.,J.] [D.B.C.,J.]
23.08.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
https://www.mhc.tn.gov.in/judis
6
S.S.SUNDAR, J.
AND
D.BHARATHA CHAKRAVARTHY, J.
vsn
COMMON JUDGMENT MADE IN
W.A(MD)NOs.505, 519 and
496 OF 2022
and
C.M.P(MD)Nos.4546,4576,4640
of 2022 and 10183 of 2023
23.08.2023
https://www.mhc.tn.gov.in/judis
