Madras High Court
The Director vs S.Rajaram on 6 October, 2023
W.A.(MD).No.718 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.10.2023
CORAM
THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).No.718 of 2016
and
C.M.P.(MD).Nos.4580 of 2016 and 7050 of 2018
1.The Director,
The Directorate of School Education,
College Road,
Chennai.
2.The Chief Educational Officer,
Educational Department,
Theni,
Theni District.
3.The Headmaster,
Government Higher Secondary School,
Vadugapatti,
Theni District. .. Appellants/Respondents
Vs.
S.Rajaram ..Respondent/Petitioner
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside
the order dated 17.04.2012 passed in W.P.(MD).No.12816 of 2011 on the
file of this Court and thereby allow this appeal.
Page 1 of 6
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W.A.(MD).No.718 of 2016
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent : Mr.B.Prahalad Ravi
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The Writ Appeal has been instituted challenging the order dated
17.04.2012 passed in W.P.(MD).No.12817 of 2011.
2. The issue raised in the Writ Appeal on hand is whether the
respondent is entitled to get two incentive increments for the additional
educational qualification possessed by him, i.e., M.Sc. Agriculture and
B.Ed.
3. The learned Additional Government Pleader appearing for the
appellants mainly contended that the Government issued G.O.Ms.No.240,
School Education Department, dated 18.08.2010, prescribing eligibility
criteria for grant of two incentive increments to the teachers in their entire
service. The said Government Order unambiguously stipulates that for the
post of Vocational instructors for Agriculture, B.Sc. Agriculture is the basic
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W.A.(MD).No.718 of 2016
qualification and two incentive increments, one for M.Sc. Agriculture and
another for M.Phil., or Ph.D., may be granted. It is not in dispute that the
writ petitioner has already received one incentive increment for the
educational qualification of M.Sc. Agriculture. The second incentive
increment claimed for B.Ed. Degree was denied on the ground that the
Vocational Instructors for Agriculture possessing B.Ed degree are not
eligible to get incentive increment.
4. The learned counsel for the respondent raised an objection by
stating that cases of similarly placed persons were considered on earlier
occasions and two incentive increments were granted. In respect of the said
submission, we are not inclined to consider the same, since any erroneous
consideration or incorrect decision cannot be followed as a precedent and
more so, in the present case, the scheme of incentive increment has been
well enumerated by the Government in its order.
5. The scheme of incentive increment is a concession granted by the
Government to the teachers to encourage them to acquire higher educational
qualification for the benefits of the children studying in educational
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W.A.(MD).No.718 of 2016
institutions. Since it is a concession, it is to be sanctioned strictly in
accordance with the Government schemes and the Court cannot re-write the
eligibility criteria already fixed by the Government for grant of incentive
increment to the teaching staffs. Therefore, the learned Single Judge has
failed to consider these aspects and granted incentive increment for the
qualification of B.Ed degree in favour of the respondent, which is not
contemplated under the scheme of incentive increment by the Government.
In the event of extending the scope of the scheme, the same will result in
financial loss to the Government as the scheme itself is extended by way of
concession to the teachers. That being the factum, we find merit in the
contentions raised by the appellants and accordingly, the order dated
17.04.2012 passed in W.P.(MD).No.12816 of 2011 is set aside.
6. The Writ Appeal stands allowed. There shall be no order as to
costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (V.L.N.,J.)
06.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
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W.A.(MD).No.718 of 2016
To
1.The Director,
The Directorate of School Education,
College Road,
Chennai.
2.The Chief Educational Officer,
Educational Department,
Theni,
Theni District.
3.The Headmaster,
Government Higher Secondary School,
Vadugapatti,
Theni District.
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.718 of 2016
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).No.718 of 2016
06.10.2023
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