C.H.Buchaiah vs Chief Educational Officer
2023 Latest Caselaw 15457 Mad

Madras High Court

C.H.Buchaiah vs Chief Educational Officer on 30 November, 2023

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                  W.P.No.24075 of 2011


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 30.11.2023

                                                       CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               W.P.No.24075 of 2011

                    C.H.Buchaiah                                 .. Petitioner

                                                        Versus

                    1. Chief Educational Officer,
                       Chennai.

                    2. District Educational Officer,
                       South Chennai,
                       Chennai - 8.

                    3. Headmaster,
                       Kesari Higher Secondary School,
                       T.Nagar, Chennai - 17.                           .. Respondents


                    Prayer : Writ Petition filed under Article 226 of the Constitution of India,

                    pleased to issue a Writ of Certiorarified Mandamus calling for the records

                    relating to the order passed in Na.Ka.No.4491/ A2 / 11, dated 25.07.2011

                    passed by the 2nd respondent and quash the same and direct the respondents

                    to sanction the incentive increment for M.Phil qualification to the petitioner.




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                    1/4
                                                                                           W.P.No.24075 of 2011




                                   For Petitioner        : Mr.S.Thendral
                                                    for M/s.C.S.Associates

                                   For Respondents : Mr.T.K.Saravanan,
                                               Government Advocate
                                               for RR-1 and 2

                                                 : R3 - No Appearance

                                                         ORDER

This petition is filed with a grievance that the petitioner was not

granted third incentive for completion of M.Phil Degree.

2. The issue has now been settled by this Court by the Hon'ble Full

Bench by the judgment, dated 29.04.2022 in W.A.Nos.3674 of 2019 etc.,

(batch cases). The operative portion reads thus :-

" 13. In the light of the above, we are of the considered opinion that the view taken by the Division Bench in W.A.No.1664 of 2016 dated 29.06.2018 (The Director of School Education and others v. V.Dhanapal) that a teacher shall be granted only with two incentive increments, equivalent to four advance increments, for the entire period of his/her service, holds good and the view taken by the Division Bench in W.A.(MD) Nos.701 and 769 of 2015 etc., dated 15.07.2015 (The Director of School Education and others v. S.Amalraj) and the view taken by another Division Bench in W.A.(MD) No.867 of 2014 dated 18.09.2014 (The Director of School Education and another v. N.Balasoundari and another) that a teacher is entitled to the third set of incentive increment, cannot be said to be a good law. We answer the reference accordingly.

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Registry is directed to post the matters before the appropriate roster Bench for disposal of the respective cases on merit."

3. In view thereof, the petitioner is not entitled for the prayer in the

Writ Petition and this Writ Petition is dismissed. No costs.

                                                                                                 30.11.2023
                    Index : yes
                    Speaking order
                    Neutral Citation       : no
                    grs

                    To

1. The Chief Educational Officer, Chennai.

2. The District Educational Officer, South Chennai, Chennai - 8.

3. The Public Prosecutor, High Court of Madras.

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

D.BHARATHA CHAKRAVARTHY, J.

grs

30.11.2023

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