Madras High Court
The Secretary To Government vs Tmt.K.Subbulakshmi on 22 December, 2023
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A.No.1817 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.1817 of 2018
and C.M.P.No.14635 of 2018
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,
Cheranmahadevi at Tirunelveli. ... Appellants
-Vs-
1. Tmt.K.Subbulakshmi
C/o.P.Sankara Subramanian.
2. The Secretary,
Theerthapathy Aided Higher Secondary School,
Ambasamudraam – 627 401.
Tirunelveli District. ... Respondents
Prayer : Writ Appeal filed under Clause 15 of the Letter Patent, to set
aside the order dated 11.08.2014 made in W.P.No.21514 of 2014.
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W.A.No.1817 of 2018
For Appellants : Mr.Vadivelu Dheenadayalan
Additional Government Pleader
For Respondents : Not ready in notice.
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This intra-court appeal has been directed against the order passed by the
Writ Court dated 11.08.2014 made in W.P.No.21514 of 2014.
2. In the said order dated 11.08.2014, the third incentive increment
sought for by the writ petitioner/first respondent for having acquired higher
qualification was allowed by the learned Single Judge. Aggrieved over the same,
the present appeal has been directed.
3. In this regard, it is to be noted that, whether the Teacher is entitled to
get third incentive increment was the question that was posed before a Full
Bench of this Court, where it has been held that the teacher is not entitled to get
any third incentive increment and based on which, several cases were disposed
of.
4. One such writ appeal in W.A.No.3603 of 2019 came to be considered
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by a Division Bench, where one of us (RSKJ) is a party in the case of The
Director of School Education Vs. K.Sudhakar, where by judgment dated
29.08.2023, the Division Bench has passed the following order:
“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.
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
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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.”
5. Since the issue has already been covered by virtue of the law having
been declared by the Full Bench of this Court, which has been consistently
followed in number of cases, we are inclined to allow this writ appeal and
accordingly, this writ appeal is allowed by setting aside the order passed by the
Writ Court. No costs. Connected miscellaneous petition is closed.
(R.S.K.,J.)
(G.A.M.,J.)
22.12.2023
Index : Yes/No
Speaking Order/Non-speaking order
Neutral Citation : Yes/No
mp
https://www.mhc.tn.gov.in/judis
R.SURESH KUMAR, J.
and
G.ARUL MURUGAN, J.
mp
22.12.2023
https://www.mhc.tn.gov.in/judis
