Madras High Court
T.Kalaimathi vs The Principal Accountant General on 14 June, 2023
W.P.No.15506 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No. 15506 of 2016
T.Kalaimathi ... Petitioner
Versus
1.The Principal Accountant General,
Office of the Accountant General(A&E),
No.361, Anna Salai,
Teynampet, Chennai-600 018.
2.The Chief Educational Officer,
Udayarpalayam,
Ariyalur District.
3.The District Educational Officer,
Udayarpalayam,
Ariyalur District ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, prays to issue a Writ of Mandamus, directing the respondents to
consider the petitioner representation dated 21.09.2015 to grant third set of
incentive increments for M.phil., Degree and fix the pension to that effect and
based on that confer all the constitutional benefits to the petitioner, in the
light of the orders of this Court in W.P.No.19044 of 2008 and W.A.No.154
of 2009 and in the light of G.O.(2D).No.15, School Education Department
dated 28.03.2013 and G.O.(1D).No.352, School Education Department dated
16.12.2013.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.15506 of 2016
For Petitioner : M/s.S.Ambigapathy
For Respondents 1 : Mrs. Hema Muralikrishnan
For Respondent 2 & 3 : Mr.M.S.Prem Kumar
Government Advocate
ORDER
This writ petition has been filed seeking issuance of a Writ of
Mandamus, directing the respondents to consider the petitioner
representation dated 21.09.2015 to grant third set of incentive increments for
M.phil., Degree and fix the pension to that effect and based on that confer all
the constitutional benefits to the petitioner, in the light of the orders of this
Court in W.P.No.19044 of 2008 and W.A.No.154 of 2009 and in the light of
G.O.(2D).No.15, School Education Department dated 28.03.2013 and
G.O.(1D).No.352, School Education Department dated 16.12.2013.
2. The case of the petitioner is that she had completed her B.Sc
(Botany) degree in the year 1973 and B.Ed in 1983 and she had also
completed M.Sc (Botany) in the year 1991 and M.Phil (Botany) in Education
in 2008. The petitioner has been appointed as Graduate Teacher at
Government High School on 04.11.1981. Subsequently, she has been
https://www.mhc.tn.gov.in/judis
W.P.No.15506 of 2016
promoted as Head Mistress in the year 2009 at Government Higher
Secondary School, Sannasinallur, Ariyalur District. The petitioner made
representations to the respondents regarding third set of incentive increment
in view of her completion of M.phil Course. The petitioner subsequently
retired from service on 31.05.2011. Placing reliance on G.O(2D)No.15 dated
28.03.2013 and G.O(1D).No.352 dated 16.12.2013 and also orders of this
Court in W.P.No.19044/2008 and W.A.No.154/2009 dated 11.08.2008 and
23.09.2010 respectively, the petitioner seeks for issuance of a Writ of
Mandamus to direct the respondents to favourably consider her
representation for third set of incentive increment.
3. The 3rd respondent has filed a counter. Though the factual averments
set out in the affidavit filed in support of the writ petition are not denied, in so
far as the third set of incentive increment is concerned, the respondents state
that the petitioner is not entitled for more than two incentive payment. So far
as the reliance placed on the G.O.s is concerned, the respondents state that
the said two G.O.s should be read along with G.O.Ms.No.1024, Edn (Sci &
Tech) Dept dated 19.12.1993 in and by which amendments were issued to
G.O.Ms.No.42, Edn Dept dated 10.01.2009.
https://www.mhc.tn.gov.in/judis
W.P.No.15506 of 2016
4. Heard the learned counsel for the petitioner and the learned counsel
for the 1st respondent and the learned Government Advocate for the 2nd and
3rd respondents.
5. The learned counsel for the respondents would submit that the issue
is no longer res integra in view of the judgment of the Hon'ble Full Bench of
this Court in W.A.No.1664/2016 dated 29.06.2018 . She also placed reliance
on a recent pronouncement of the Hon'ble Division Bench of this Court in
W.A.No.3674/2019 dated 10.10.2022, where the Hon'ble Division Bench
following the ratio laid down by the Hon'ble Full Bench held that any
Teacher, during his or her entire tenure of service, would be entitled to only
two sets of incentive increments.
6. In view of the above, this Court is bound by the ratio laid down by
the Hon'ble Full Bench as well as the Hon'ble Division Bench of this Court
and no different view can by taken. Hence, the writ petition is to be
dismissed.
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W.P.No.15506 of 2016
7. Accordingly, this writ petition is dismissed. No costs.
14.06.2023
Index : Yes / No
Internet: Yes
Speaking/non speaking order
nr
To
1.The Principal Accountant General,
Office of the Accountant General(A&E),
No.361, Anna Salai,
Teynampet, Chennai-600 018.
2.The Chief Educational Officer,
Udayarpalayam,
Ariyalur District.
3.The District Educational Officer,
Udayarpalayam,
Ariyalur District
https://www.mhc.tn.gov.in/judis
W.P.No.15506 of 2016
P.B.BALAJI, J.,
nr
W.P.No. 15506 of 2016
14.06.2023
https://www.mhc.tn.gov.in/judis
