Madras High Court
Unknown vs Dr.P.Kandhan on 12 October, 2023
W.A.(MD) No.409 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.409 of 2020
and
C.M.P.(MD) No.2798 of 2020
1.The Secretary to Government School Education
Fort St.George
Chennai-600 009
2.The Director of School Education
College Road
Chennai-600 006
3.The Chief Educational Officer
Palani Road
School Education Compound
Dindigul District
Dindigul
4.The Education Officer
Vedasandur Educational District
Vedasandur Boys Higher
Secondary School Complex
Vedasandur Post
Dindigul District
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W.A.(MD) No.409 of 2020
5.The Block Educational Officer
Vadamadurai Educational Block
Vadamadurai Post
Vadasandur Taluk
Dindigul Taluk
Dindigul District
6.The Headmaster
Govt. High School
Thangammapatti
Dindigul District-624 801 ... Appellants
-vs-
Dr.P.Kandhan ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 26.06.2018, passed in W.P.(MD) No.13500 of 2018, on the file of
this Court.
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent : Mr.M.Gnanagurunathan
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W.A.(MD) No.409 of 2020
JUDGMENT
[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]
This writ appeal is directed against the order of the learned Single
Judge, dated 26.06.2018, passed in W.P.(MD) No.13500 of 2018.
2. The relief sought for in the writ proceedings was for grant of
third incentive increment to the respondent / writ petitioner for possessing
additional educational qualification.
3. The Full Bench of this Court, by Judgment dated 29.04.2022 in
W.A.No.3674 of 2019 etc. batch, has held that a Teacher is entitled to draw
only two incentive increments in his / her entire service and third incentive
increment has not been contemplated under the scheme of incentive
increment. The relevant portion of the said Judgment is extracted hereunder:
“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 vs. 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
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.409 of 2020
Division Bench in W.A.(MD) No.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.”
4. In view of the above position, the writ appeal is allowed and the
order, dated 26.06.2018, passed in W.P.(MD) No.13500 of 2018, is set aside.
No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [V.L.N., J.]
12.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
____________
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.409 of 2020
S.M.SUBRAMANIAM, J.
and
V.LAKSHMINARAYANAN, J.
krk
W.A.(MD) No.409 of 2020
and
C.M.P.(MD) No.2798 of 2020
12.10.2023
____________
https://www.mhc.tn.gov.in/judis
