The Director Of School Education vs K.Sudhakar
2023 Latest Caselaw 11460 Mad

                                                                              W.A.No.3603 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 29.08.2023

                                                      CORAM

                                    THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
                                                      AND
                                   THE HON'BLE Mr. JUSTICE K.KUMARESH BABU

                                                W.A.No.3603 of 2019
                                                        and
                                               C.M.P.No.23146 of 2019

                     1.The Director of School Education,
                       DPI Campus, College Road,
                       Chennai – 600 006.

                     2.The Chief Educational Officer,
                       Thiruvallur District, Thiruvallur.

                     3.The Headmaster,
                       Government Girls Higher School,
                       Porur, Chennai – 116.                                    ... Appellants

                                                            Vs.

                     K.Sudhakar                                                ... Respondent

                     Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying
                     to set aside the order dated 26.02.2014 in W.P.No.5641 of 2014.

                                     For Appellants   : Mr.Vadivelu Deenadayalan
                                                        Additional Government Pleader

                                     For Respondent   : No appearance

https://www.mhc.tn.gov.in/judis
                                                                                       W.A.No.3603 of 2019

                                                          JUDGMENT

(Judgment of the Court was delivered by K.KUMARESH BABU, J.)

This intra-Court appeal has been preferred being aggrieved against

the order made in W.P.No.5641 of 2014 dated 26.02.2014 passed by the

learned Single Judge directing the respondents/appellant Department to

grant third incentive increment to the petitioner/respondent for obtaining

M.Phil degree.

2. It is submitted that the issue involved in this appeal is no longer

res integra since the Full Bench of this Court had already upheld the

Division Bench judgment made in W.A.1664 of 2016 dated 29.06.2018

which had held that the teacher would be entitled to only two incentive

increments.

3. Admittedly, in this case the respondent herein had already been

granted two incentive increments for possessing higher qualification viz.,

B.Lit. B.Ed. and M.A. Degree. Even in the affidavit filed in support of

the writ petition, he has admittedly sought for the third incentive

increment for possessing M.Phil degree.

https://www.mhc.tn.gov.in/judis W.A.No.3603 of 2019

4. In view of the admitted fact that the respondent had only sought

for third incentive increment, which he is not entitled, in view of the Full

Bench judgment of this Court dated 29.04.2022 made in W.A.No.3674 of

2022 etc. batch, the order passed by the learned Single Judge would have

to be necessarily set aside.

5. In fine, the Writ Appeal is allowed and the order passed by the

learned Single Judge dated 26.02.2014 is set aside. However, there shall

be no order as to costs. Consequently, connected miscellaneous petition

is closed.

                                                                          (R.S.K., J.)     (K.B., J.)
                                                                                29.08.2023
                     Index                 : Yes/No
                     Speaking Order : Yes/No
                     Neutral Citation : Yes/No
                     Sgl

https://www.mhc.tn.gov.in/judis W.A.No.3603 of 2019

R. SURESH KUMAR, J.

And K.KUMARESH BABU, J.

Sgl

W.A.No.3603 of 2019

29.08.2023

https://www.mhc.tn.gov.in/judis