The Secretary To Government vs K.Gowri Sankar
2023 Latest Caselaw 8261 Mad

                                                                              W.A.No.3576 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 13.07.2023

                                                      CORAM

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

                                                W.A.3576 of 2019 and
                                               C.M.P.No.22944 of 2019

                     1.The Secretary to Government,
                       School Education Department,
                       Fort St. George, Chennai – 600 009.

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

                     3.The Chief Educational Officer,
                       Krishnagiri District, Krishnagiri.

                     4.The Headmaster,
                       Government Boys Higher Secondary School,
                       Velampatthy – 635 204
                       Krishnagiri District.                                    ... Appellants
                                                    Vs.

                     K.Gowri Sankar                                             ... Respondent

                     Prayer : Appeal filed under Clause 15 of the Letters Patent Act, praying
                     to set aside the order dated 25.02.2014 in W.P.No.5538 of 2014.

                                     For Appellants   : Mr.K.V.Sajeev Kumar
                                                        Special Government Pleader

https://www.mhc.tn.gov.in/judis      For Respondent   : Mr.S.Kamadevan
                                                                                       W.A.No.3576 of 2019

                                                          JUDGMENT

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

This intra-Court appeal has been filed challenging the order of the

learned Single Judge dated 25.02.2014 in W.P.No.5538 of 2014 wherein

the learned Judge had directed the appellant Department to grant third

incentive increment to the respondent herein.

2. It is submitted, across the Bar that, the issue that arises in the

present writ appeal is no longer res integra and the same had already

been resolved by the Hon'ble Full Bench of this Court in the matter of

Government of Tamil Nadu and R.Subramani and others in

W.A.No.3674 of 2019 etc. batch dated 29.04.2022, wherein the Hon'ble

Full Bench has held that the teachers are only entitled to two incentive

increments only and they are not entitled for third incentive increment. In

such view of the matter, a direction issued under the impugned order to

the appellants to grant third incentive increment would be against the

dictum laid down by the Hon'ble Full Bench of this Court.

3. It is pertinent to note that a Co-ordinate Bench of this Court,

where one of us (K.B.J.) is a party, had an occasion to consider the same https://www.mhc.tn.gov.in/judis W.A.No.3576 of 2019

issue in the case of R.Rajamanickam V. The Secretary to Government,

School Education Department, Fort. St. George, Chennai – 9 and 3

others in W.P.No.16000 of 2015 on 10.10.2022 and followed the view

taken by the Hon'ble Full Bench.

4. In that view of the matter, the order passed by the learned Single

Judge dated 25.02.2014 is set aside and accordingly, the Writ Appeal is

allowed. However, there shall be no order as to costs. Consequently,

connected miscellaneous petition is closed.

                                                                           (R.S.K., J.)    (K.B., J.)
                                                                                 13.07.2023
                     Index                  : Yes/No
                     Speaking Order : Yes/No
                     Neutral Citation : Yes/No
                     Sgl




https://www.mhc.tn.gov.in/judis
                                          W.A.No.3576 of 2019

                                   R. SURESH KUMAR, J.
                                                 And
                                  K.KUMARESH BABU, J.


                                                         Sgl




                                    W.A.No.3576 of 2019




                                              13.07.2023



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