Madras High Court
The District Elementary ... vs M.Shanmuga Sundaram on 19 October, 2023
W.A.(MD) No.1243 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.1243 of 2023
and
C.M.P.(MD) No.9309 of 2023
1.The District Elementary Educational Officer
Ramanathapuram
2.The Additional Assistant
Elementary Educational Officer
Muthukulathur
Ramanathapuram District ... Appellants
-vs-
M.Shanmuga Sundaram ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 18.08.2021, passed in W.P.(MD) No.1699 of 2016, on the file of
this Court.
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For Respondent : Mr.T.Indrachithu
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W.A.(MD) No.1243 of 2023
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 18.08.2021, passed in W.P.(MD) No.1699 of 2016.
2. The scheme of incentive increment was introduced by the
Government of Tamil Nadu with a noble object of encouraging the teaching
staff to acquire additional / higher educational qualifications, which would be
of greater assistance in imparting better education to the children studying in
Schools across the State of Tamil Nadu. The said scheme was introduced by
way of concession and it cannot be construed as a condition of service.
3. Concession is a privilege. Condition of service is a right. The
right and the concession are distinguishable. The right provides entitlement.
The concession gives privilege. While right can be demanded, privilege is to be
claimed with reference to the scheme in force. Thus, concession extended
under the scheme of incentive increment cannot be construed as an absolute
right of teaching staff and such schemes are to be implemented scrupulously
by following the terms and conditions stipulated under the scheme.
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W.A.(MD) No.1243 of 2023
4. The scheme of incentive increment has been formulated so as
to encourage the teaching staff to acquire educational qualifications, which
are all relevant to the post in which they are working and to impart better
education to the children. Therefore, it is not as if every educational
qualifications are made eligible to claim incentive increment under the
scheme.
5. With the above background, the issue to be decided in this writ
appeal is, whether a Secondary Grade Teacher on acquiring the educational
qualification of M.Phil., degree is eligible to get incentive increment under the
scheme or not.
6. Learned Additional Government Pleader appearing for the
appellants solicited our attention into G.O.No.42, Education Department,
dated 10.01.1969, wherein the eligibility criteria for grant of incentive
increment to the Secondary Grade Teachers are stated as under:
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W.A.(MD) No.1243 of 2023
Higher Qualification for
Category Scale of Pay which two advance
increments are admissible
B.T. or B.Ed.degree of a
University in the state or
1.Secondary
the degrees of other
or Senior 90-4-110-5-1
Universities recognized as
Basic Grade 40
equivalent to the degree of
Teachers
B.T. or B.Ed. degree of
Universities in this State.
M.A. Or M.Sc., M.Ed.degree
of a university in the state
140-5-180-10
or the degrees of other
2.BT/BEd -250
universities recognized as
Assistants 225-10-275-1
equivalent to M.A./M.Sc., or
5-350
M.Ed degree of universities
of this state.
2. A secondary grade teacher who after passing B.T or B.Ed. degree
examination qualifies for M.A or M.Sc. or M.Ed. degree but working in
secondary grade post may be given advance increments for second time
also i.e.two advance increments after passing B.T or B.Ed degree and
another two after passing M.A. or M.Ed degree. B.T.Teacher after
passing M.A. or M.Sc. qualifies for M.Ed. Degree examination but
working in B.T. or Headmasters post may be given advance increments
for a second time also i.e. two advance increments after passing M.Ed.
degree.
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W.A.(MD) No.1243 of 2023
7. Relying on the scheme of incentive increment, learned
Additional Government Pleader reiterated that the analogy and logic adopted
by the learned Single Judge to grant the relief to the respondent / writ
petitioner is not in consonance with the scheme in force and therefore, the
State has chosen to file this writ appeal.
8. Further, it is contended that the learned Single Judge, in the
impugned order, has observed that when the incentive increment for acquiring
M.Phil., degree was granted to the B.T.Assistants, the same has to be extended
to the Secondary Grade Teachers also and such an analogy, if adopted, would
result in huge financial loss to the State and moreover, every such
B.T.Assistants and other teachers, who are working in the other cadres will
also claim the same benefit, which will dilute the very purpose and terms of
the scheme of incentive increment granted for the benefit of the teaching staff
across the State of Tamil Nadu.
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W.A.(MD) No.1243 of 2023
9. It is further contended that incentive increment for acquiring
the qualification of M.A.degree was already sanctioned and granted to the
respondent and it is for the qualification of M.Phil., degree alone, the incentive
increment was denied to him.
10. Learned counsel appearing for the respondent / writ petitioner
objected the above contentions of the learned Additional Government Pleader
by stating that the benefit of incentive increment for acquiring M.Phil., degree
was granted to the B.T.Assistants and therefore the learned Single Judge
made a finding that the denial of incentive increment to the Secondary Grade
Teachers for acquiring M.Phil., degree amounts to discrimination. Thus, there
is no infirmity in the impugned order.
11. The findings of the learned Single Judge, in Paragraph No.9 of
the impugned order placing reliance on the case of R.Premakumari vs. State
of Tamilnadu represented by its Secretary to Government, Education
Department, Chennai and Others, reported in (2008) 5 MLJ 1349 is on a
different set of facts and not directly connected with the issue regarding grant
of incentive increment to the Secondary Grade Teachers for acquiring the
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W.A.(MD) No.1243 of 2023
educational qualification of M.Phil., degree. Thus, the facts of the said case
are distinguishable and therefore, the said decision is of no avail to the
respondent herein.
12. In Paragraph No.10 of the impugned order, the learned Single
Judge has observed that the differential treatment will be in violation of
Articles 14 and 16 of the Constitution of India. When the incentive increment
was granted to the B.T.Assistants for acquiring M.Phil., degree, such benefit is
to be extended to the Secondary Grade Teachers also. The question arises
why not to the other teachers working in various other cadres. If the scope of
incentive increment is expanded by the Courts, it will result in an anomalous
situation, wherein the very scheme will be defeated.
13. More so, the scheme of incentive increment is a policy decision
taken by the Government to provide certain concessions and to encourage the
teaching staff to acquire additional educational qualifications. Therefore, such
scheme / policy cannot be interfered with by the High Court by exercising the
power of judicial review under Article 226 of the Constitution of India and
further, it involves monetary implications.
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W.A.(MD) No.1243 of 2023
14. In view of the fact that the findings of the learned Single Judge
is running counter to the scheme of incentive increment prevailing in the State
of Tamil Nadu, which is a policy decision of the Government, we are inclined to
consider the present writ appeal.
15. Accordingly, the writ appeal is allowed and the order dated
18.08.2021, passed in W.P.(MD) No.1699 of 2016, is set aside. No costs.
Consequently, connected miscellaneous petition is closed.
[S.M.S., J.] [V.L.N., J.]
19.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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https://www.mhc.tn.gov.in/judis
W.A.(MD) No.1243 of 2023
S.M.SUBRAMANIAM, J.
and
V.LAKSHMINARAYANAN, J.
krk
W.A.(MD) No.1243 of 2023
and
C.M.P.(MD) No.9309 of 2023
19.10.2023
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https://www.mhc.tn.gov.in/judis
