Madras High Court
The Director vs M.Raja on 6 October, 2023
W.A.(MD).No.726 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.726 of 2016
and
C.M.P.(MD).No.4642 of 2016
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,
Uthamapalayam,
Theni District. .. Appellants/Respondents
Vs.
M.Raja ..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.12817 of 2011 on the
file of this Court and thereby allow this appeal.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.726 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.12816 of 2011.
2. The claim of the respondent for retrospective grant of incentive
increment prior to the date of issuance of the Government Order was
considered by the learned Single Judge, which resulted in filing of an
intra-court appeal under Clause 15 of Letters Patent.
3. The learned Additional Government Pleader appearing on behalf of
the appellants mainly contended that eligible incentive increment was
granted to the respondent as per the Government scheme and the respondent
set out a claim for retrospective grant of incentive increment, which is
otherwise not contemplated under the Government Orders in force. The
date of possessing the additional educational qualification is immaterial in
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.726 of 2016
respect of the post of Vocational Instructors, since the scheme was extended
as a special case with prospective effect in G.O.Ms.No.240, School
Education Department, dated 18.08.2010.
4. 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
institutions. Since it is a concession, it is to be sanctioned strictly in
accordance with the Government schemes and the Court cannot re-write or
improve the eligibility criteria already fixed by the Government for grant of
incentive increment to the teaching staffs.
5. In the present case, the respondent has already availed the benefit
of incentive increment as per his eligibility in consonance with G.O.Ms.
No.240 dated 18.08.2010. Therefore, the order of the learned Single Judge
granting such incentive increment with retrospective effect is running
counter to the scheme implemented by the Government and thus, we are
inclined to consider the Writ Appeal.
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.726 of 2016
6. Accordingly, the order dated 17.04.2012 passed in W.P.(MD).
No.12817 of 2011 is set aside. Consequently, the Writ Appeal stands
allowed. There shall be no order as to costs and connected miscellaneous
petition stands closed.
(S.M.S.,J.) (V.L.N.,J.)
06.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
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,
Uthamapalayam,
Theni District.
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.726 of 2016
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).No.726 of 2016
06.10.2023
https://www.mhc.tn.gov.in/judis
