Madras High Court
K.Jasmine Nirmala vs 4 The Headmaster on 31 August, 2023
W.P.No.14296 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.14296 of 2016
K.Jasmine Nirmala ... Petitioner
-Vs-
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 District Educational Officer
Coimbatore Coimbatore District.
4 The Headmaster
Government Higher Secondary School
Ashokapuram Coimbatore-22. ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying
for the issuance of Writ of Certiorarified Mandamus calling for the records of
the fourth respondent in his proceedings Na.Ka. No.85/ 2017 dated
17.5.2017 and quash the same and direct the respondents to sanction
incentive increments for acquiring M.Phil qualification in the Cadre of PG
Assistant by extending the benefits of the G.O.Ms. Nos.209 and 15 School
Education Department dated 8.7.2010 and 28.3.2013 issued by the first
respondent to the petitioner.
https://www.mhc.tn.gov.in/judis
W.P.No.14296 of 2016
For Petitioner : Mr.S.Kamadevan
For Respondent : Mr.V.Nanmaran
Additional Government Pleader
(for Respondents 1 to 3)
ORDER
The writ petition has been filed in the nature of a Certiorarified
Mandamus calling for the records of the fourth respondent in his proceedings
Na.Ka. No.85/ 2017 dated 17.5.2017 and quash the same and direct the
respondents to sanction incentive increments for acquiring M.Phil
qualification in the Cadre of PG Assistant by extending the benefits of the
G.O.Ms. Nos.209 and 15 School Education Department dated 8.7.2010 and
28.3.2013 issued by the first respondent to the petitioner.
2. The petitioner was working as P.G.Assistant (Chemistry) in the 4th
respondent School. She was paid two increments for obtaining qualifications
in M.Ed and M.Sc (Post Graduation). The petitioner had subsequently
completed M.Phil and therefore seeks third increment to be granted.
3. I must appreciate the stand taken by the learned counsel for the
petitioner Mr.S.Kamadevan, who readily stated that the issue had already
been addressed by the Full Bench of this Court, wherein such grant of third
increment had been denied on a specific reference to the Full Bench. After
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W.P.No.14296 of 2016
the reference had been answered, the matter had been referred back to a
Division Bench. Let me extract the order of the Division Bench in
W.P.No.16000 of 2015 (R.Rajamanickam -vs- The Secretary to
Government and others) dated 10.10.2022 in entirety.
" The Writ Petition has 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:
"?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
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W.P.No.14296 of 2016
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 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 extracted
above, we cannot take any other view. Hence the Writ Petition filed by the
petitioner seeking incentive increments will stand dismissed. There shall be no
order as to costs. "
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W.P.No.14296 of 2016
4. The dictum laid down is binding on this Court. The relief sought for
by the petitioner cannot be granted. The writ petition stands dismissed. No
costs.
31.08.2023
Index : Yes/No
Internet : Yes/No
KST
To
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 District Educational Officer
Coimbatore Coimbatore District.
4 The Headmaster
Government Higher Secondary School
Ashokapuram Coimbatore-22.
https://www.mhc.tn.gov.in/judis
W.P.No.14296 of 2016
C.V.KARTHIKEYAN, J.
KST
W.P.No.14296 of 2017
31.08.2023
https://www.mhc.tn.gov.in/judis
