The Government Of Tamilnadu Rep. ... vs N.Murugesan
2023 Latest Caselaw 1486 Mad

                                                                                W.A.No.1711 of 2018

                                  THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 07.02.2023
                                                        CORAM:
                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                  AND
                             THE HONOURABLE MRS.K.GOVINDARAJAN THILAKAVADI

                                               W.A.No.1711 of 2018
                                                       and
                                              C.M.P.No.13694 of 2018

                     1.The Government of Tamilnadu rep. By its
                       Secretary, School Education Department,
                       Fort St.George, Secretariat, Chennai – 600 009.

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

                     3.The Chief Educational Officer,
                       Dharmapuri.

                     4.The Headmaster, Govt. Hr.Sec.School,
                       Hale-Dharmapuri, Dharmapuri District.                       ...Appellants

                                                         Vs.

                     N.Murugesan                                                  ...Respondent

                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 29.01.2014 made in W.P.No.2614 of 2014.




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https://www.mhc.tn.gov.in/judis
                                                                                     W.A.No.1711 of 2018

                                    For Appellants    : Mr.G.Nanmaran
                                                        Special Government Pleader
                                    For Respondent    : Served – No appearance



                                                     JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The State is on appeal against the order of the Writ Court,

directing grant of third set of incentive increment to the respondent.

2.The respondent, who joined as a secondary grade Teacher had

obtained B.Ed., and M.Ed., qualifications, for which, he was granted two

sets of incentive increments. Subsequently, he was promoted as a

PG-Assistant in Chemistry on 02.02.2005. Thereafter, he acquired M.Phil.,

qualification in December, 2009 and sought for third set of incentive

increment. The authorities rejected the request on the ground that the

number of incentive increments allowed is only two during the whole period

service. The Writ Court, relied upon the judgment of the Division Bench in

W.A.No.426 of 2008, allowed the Writ Petition of the petitioner. Hence,

this appeal.

https://www.mhc.tn.gov.in/judis W.A.No.1711 of 2018

3.The question regarding incentive increments is no longer res-

integra. The Full Bench of this Court in Government of Tamil Nadu rep.

By its Secretary, School Education Department Vs. R.Subramani dated

29.04.2022 had held that a Teacher through out the service is entitled to

only two incentive increments.

4.In the light of the above dictum of the Full Bench, this Writ

Appeal has to succeed. Therefore, this Writ Appeal stands allowed and the

Writ Petition stands dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                       (R.S.M.,J.)     (K.G.T.,J.)
                                                                               07.02.2023
                     kkn

                     Internet:Yes/No
                     Index:Yes/No
                     Speaking/Non-speaking order

https://www.mhc.tn.gov.in/judis W.A.No.1711 of 2018

To:-

1.The Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Secretariat, Chennai – 600 009.

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

3.The Chief Educational Officer, Dharmapuri.

4.The Headmaster, Govt. Hr.Sec.School, Hale-Dharmapuri, Dharmapuri District.

https://www.mhc.tn.gov.in/judis W.A.No.1711 of 2018

R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI, J.

KKN

W.A.No.1711 of 2018 and C.M.P.No.13694 of 2018

07.02.2023

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