Madras High Court
M.Angelin … vs The State Of Tamil Nadu on 5 September, 2023
W.P.No.11503 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.09.2023
CORAM
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.11503 of 2021
and W.M.P.No.12244 & 12246 of 2021
M.Angelin … Petitioner
Vs.
1.The State of Tamil Nadu
rep. by its Principal Secretary,
Department of School Education,
Fort St.George, Chennai - 600 009.
2.The Director of Elementary Education,
College Road, Chennai - 600 006.
3.The District Elementary Educational Officer,
Nilgris, Coonoor District.
4.The Block Educational Officer,
Coonoor Range-1,
The Nilgris,
Conoor District - 643 101.
5.The Correspondent,
C.S.I. Primary School, Droog
Nonsuch Post,
Coonoor Range-1,
Coonoor - 643 102. … Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of
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W.P.No.11503 of 2021
India praying for the issuance of a Writ of Certiorarified Mandamus calling
for the records relating to the impugned proceedings issued by the 3rd
respondent District Elementary Educational Officer in
Na.Ka.No.3090/Aa5/2020, dated 04.01.2021 and quash the same and further
direct the respondents herein to sanction and award forthwith two incentive
increments to the petitioner for possessing M.A. and B.Ed. Degrees.
For Petitioner : Mrs.Abisha Isaac
For Respondents 1 to 4 : Mr.K.Tamilvendan,
Government Advocate
ORDER
The petitioner has filed this writ petition seeking to call for the records
relating to the impugned proceedings issued by the 3rd respondent District
Elementary Educational Officer in Na.Ka.No.3090/Aa5/2020, dated
04.01.2021 and quash the same and further direct the respondents herein to
sanction and award forthwith two incentive increments to the petitioner for
possessing M.A. and B.Ed. Degrees.
2. Learned counsel for the petitioner submitted that the petitioner was
appointed as Secondary Grade Teacher in the C.S.I Primary School, Droog,
Nonsuch Post, Coonoor Range-I, Coonoor - 643 238, the fifth respondent
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W.P.No.11503 of 2021
herein. The petitioner possessed a Diploma in Teacher Education (D.TED),
B.A. (Tamil), M.A.(Tamil) and B.Ed degrees and was appointed as
Secondary Grade Teacher with effect from 09.03.2012 in the fifth respondent
school, which is a christian minority educational institution and his entire
service is without any break or any blemish.
3. Learned counsel for the petitioner further submitted that in regard to
the approval of the appointment of petitioner as a Secondary Grade Teacher,
the petitioner filed a writ petition in W.P.No.12372 of 2014, before this Court
and a Division Bench of this Court directed the respondent to approve the
petitioner's appointment without insisting him to pass Teachers Eligibility
Test (TET) by Judgment dated 24.08.2016. Accordingly, the petitioner's
appointment was approved by the third respondent/District Elementary
Education Officer vide proceedings Na.Ka.No.1119/A2/2014, dated
01.02.2018 with effect from the date of appointment.
4. Learned counsel for the petitioner contended that in order to
encourage the teachers to acquire higher qualification, as the same would
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W.P.No.11503 of 2021
benefits the students to have standard education with more knowledge and
information, the Government evolved policy decision for grant of incentive
increments to the teachers, who acquire higher qualifications over and above
the qualification prescribed for appointment. The Government announced
the payment of such increments to the teachers vide G.O.MS.No.42
(Education) dated 10.01.1969. As per the G.O., the teachers would be
eligible for two advance increments for possessing or acquiring higher
qualifications more than the required qualification. The Government also
vide G.O.Ms.No.1023 (Education Science and Technology) Department
dated 09.12.1993 ordered that a Secondary Grade Teacher is eligible for two
advance increments for acquiring B.T/B.Ed qualifications.
5. Learned counsel for the petitioner further contended that the
Government vide G.O.Ms.No.37, Personnel and Administrative reforms (FR-
IV) Department dated 10.03.2020 cancelled/dispensed a policy decision for
grant of incentive increments to the teachers who acquire higher
qualifications in all departments with immediate effect. However, the
Government ordered that the Government servants, who have acquired higher
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W.P.No.11503 of 2021
qualifications prior to the issue of this order and not sanctioned with advance
increments will be examined separately, as per the previous orders issued by
the administrative department concerned.
6. Learned Counsel for the Petitioner further submitted that the
Government vide G.O.Ms.No.116, Personnel and Administrative reforms
(FR-IV) Department dated 15.10.2020 issued clarifications in relation to
dispensation/cancellation of the scheme of sanction of advance increment in
all the departments. The Government further clarified that the term incentive
increment or advanced increment were used in different Government orders
in respect of various departments indicates the same thing, that is incentive
increment or advanced increment are same. The Government further ordered
that in respect of Government servants, who have acquired higher
qualifications prior to the issue of the G.O.Ms.No.37 and not sanctioned with
advanced increments/not applied for sanction of advanced increments may be
examined separately as per paragraph 6 (vi) of G.O.Ms.No.37 and
appropriate orders to be issued on 31.03.2021.
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W.P.No.11503 of 2021
7. Learned Counsel for the petitioner would further submit that
pursuant to G.O.Ms.No.116 dated 15.10.2020, the fifth respondent school
submitted a proposal to fourth respondent/Block Educational Officer (BEO)
to be submitted to the third respondent/District Elementary Educational
Officer (DEEO), claiming increments to the petitioner for acquiring higher
qualifications of M.A. and B.Ed degrees. The said proposal was returned by
the third respondent/District Elementary Educational Officer (DEEO) vide
proceedings in Na.Ka.No.3090/AA5/2020 dated 04.02.2021 to the fourth
respondent/Block Development Officer (BEO) stating that though prior
permission is not required for appointment, while permitting candidates to
acquiring higher qualifications, the same should have been brought to the
notice of the official respondents 3 and 4. The Counter signature of the
fourth respondent in this regard is not enough. Since the permission of the
official respondents was not obtained, ratification should be obtained from
the Directorate of Elementary Education.
8. Learned counsel for the petitioner further contended that the above
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W.P.No.11503 of 2021
proceedings of the third respondent/DEEO in Na.Ka.No.3090/AA5/2020
dated 04.02.2021 was circulated through the formal Whatsapp group of
teachers managed by the fourth respondent/BEO and a copy of the same was
not furnished to the petitioner. The fourth respondent/Block Educational
Officer has not communicated in this regard either to the petitioner or to the
fifth respondent school.
9. Learned counsel for the petitioner further submitted that the reason
given by the third respondent/District Elementary Educational Officer to
return the proposal submitted for incentive increments is highly arbitrary and
illegal. There is no requirement under the Tamil Nadu Recognised Private
Schools (Regulation) Act, 1973 and Rules, 1974 to obtain permission or
ratification for the purpose of permitting the teachers to pursue higher
qualifications while in service. This Court settled the issue in relation to the
same, holding that no such permission is contemplated under the said Act and
Rules. It is pertinent to note that the Management of the School is the
appointing authority and all issues in relation to the service of the staff are to
be dealt with by the Management alone. Moreover, the fifth respondent
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W.P.No.11503 of 2021
school is the minority institution. Hence, he prayed for allowing this writ
petition.
10. Learned Government Advocate appearing for the respondents 1 to
4 filed a Counter Affidavit dated 05.08.2021 and submitted that the
petitioner's appointment was approved by the third respondent vide order
No.RC.No.1119/A2/2014 dated 01.02.2018 with retrospective effect from
09.03.2012 and the petitioner was paid with all monetary benefits from
09.03.2012. The Government have issued G.O.Ms.No.42, Education
department dated 10.01.1969, introduced the scheme of awarding incentive
increment for acquiring higher qualification to the teachers. The main
objective of the scheme is to provide incentive for acquiring higher
qualification and the same leads to the development of knowledge in the
students and also to improve the academic skills of the students. But,
acquiring higher qualification by the teachers should not affect the learning
of the students and dislocation of work in schools. Henceforth, it was
insisted that the teacher's before acquiring higher qualification should get
prior permission from the Competent authority.
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W.P.No.11503 of 2021
11. Learned counsel appearing for the respondents 1 to 4 further
submitted that in this case, the petitioner has not obtained prior permission
from the competent authority, before acquiring higher qualification. The
Correspondent of the school is the competent authority to accord permission
to the teachers for having qualified with higher studies, subject to the
condition that the same must be approved by the department. During the
period 2014-16, the competent authority to grant permission for elementary
aided school teachers is the concerned Assistant Elementary Educational
Officer (AEEO). Now, the designation of AEEO has been changed as Block
Educational Officer vide G.O.(MS).No.101 School Education (Budget-1)
Department dated 18.05.2018. The petitioner's request to grant permission
for acquiring higher qualification was accepted by the employer (i.e., the
management), but no approval was obtained from the department.
12. Learned Government Advocate appearing for the respondents 1 to
4 would further submit that it is the duty of the petitioner and the fifth
respondent to inform the competent authority before enrolling for higher
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W.P.No.11503 of 2021
education. Though the petitioner's appointment was approved, the
Government vide G.O.Ms.No.944/Education (D2) Department dated
29.07.1989 issued specific orders to the effect that the aided school
employees should have to take permission of the Director of School
Education, Chennai to join the correspondence course conducted by various
universities to do part time course including Ph.D., conducted by various
universities, subject to the condition that acquiring such qualification is
useful to the students and without dislocation of work in schools and without
any additional expenditure to the Government. In pursuance of the above
said Government order, the Director of School Education in his proceedings
L.Dis.No.101832/D3/99 dated 02.03.2000 has informed that the District
Educational Officer can accord permission to the aided school employees,
who wish to join correspondence course and for joining Ph.D., like courses,
permission of the Director of School Education is necessary.
13. The learned Government Advocate appearing for the respondents 1
to 4 would submit that proceedings of the Director of School Education vide
R.C.No.069381/K/C1/18, dated 21.10.2020, proposals were called for by the
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W.P.No.11503 of 2021
Director of School Education, Chennai on behalf of the Government servants,
who were not sanctioned with advance increment for having higher
qualification. In the above mentioned proceedings, a detailed instruction has
been given to check whether the individual has obtained prior permission of
the department before pursuing higher studies.
14. Learned Government Advocate appearing for the respondents 1 to
4 further submitted that total expenditure of Coonoor Educational District
itself costs up to Rs.18,22,690/- (Eighteen lakhs twenty two thousand six
hundred and ninety only) for teachers, who did not obtain prior permission
for acquiring higher qualification. If the petitioner is granted with incentive,
even without obtaining proper prior permission, then the same will be a bad
precedent in future for many claims, which will lead to huge monetary loss to
the State Exchequer.
15. Heard the learned counsel on either side and perused the materials
available on record.
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W.P.No.11503 of 2021
16. The petitioner while joining to the post of Secondary Grade
Teacher has a Diploma in Teacher Education (D.T.Ed.) and subsequently
possess higher qualification of B.A.(Tamil), M.A.(Tamil) and B.Ed. degrees
and as per G.O.Ms.No.1023 (Education, Science and Technology
Department) dated 09.12.1993, the Secondary Grade Teacher is eligible for
two advance increments for acquiring B.Ed qualification and the Government
has ordered that teacher would be again eligible for two advance increments
for acquiring M.A., or M.Sc., or M.Ed., qualification. The issue regarding
grant of increment/incentive to the person, who acquired higher qualification
while working as Secondary Grade Teacher in the School has already been
dealt with by this Court in many cases and this Court has held that they are
entitled for incentive increments for acquiring higher qualification they
posses. In a similar case, this Court in W.P(MD) NO.12472 of 2014 had
already passed an order on 04.10.2019 and the relevant portion of the same is
as follows:
“5. The learned Single Judge of this Court in the case of
J.Tamilrajan Vs. The State of Tamil Nadu and others, by order
dated 03.01.2019, has followed the unreported decision of this
Court in a previous case, which is similar to the present case
and held that the claims for incentive increment for acquiring
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W.P.No.11503 of 2021
higher qualification cannot be denied on the ground that
undertaking higher education by the teacher was without prior
permission.
6. The learned counsel for the respondents though relied
upon the counter affidavit, reiterated the same contentions that
was considered by the learned Single Judge of this Court in the
similar case relied upon by the petitioner.
7. This Court has consistently held that the petitioner
and other similarly placed persons are entitled to incentive
increments, despite the fact that they had undergone higher
studies without prior permission. As a result, this writ petition
is allowed and the impugned order, dated 31.12.2012, passed by
the second respondent is set aside. The respondents are
directed to sanction incentive increments to the petitioner for
M.A., and M.Ed within a period of eight weeks from the date of
receipt of a copy of this order. No costs.”
17. In view of the above factual matrix of the case and the ratio laid
down by this Court in W.P.(MD).No.12472 of 2014, this Court is of the
considered view that the petitioner is eligible for two incentive increments for
possessing M.A., and B.Ed., degrees and the impugned proceedings issued by
the third respondent in Na.Ka.No.3090/Aa5/2020 dated 04.01.2021 is liable
to be quashed and the same is hereby quashed.
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W.P.No.11503 of 2021
18. In the result, the Writ Petition is allowed and the respondents are
directed to sanction and award forthwith two incentive increments to the
petitioner for possessing M.A.(Tamil) and B.Ed degrees, within a period of 8
weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petitions are closed.
05.09.2023
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Internet : Yes/No
Index : Yes/No
Speaking order/Non-speaking order
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W.P.No.11503 of 2021
SATHYA NARAYANA PRASAD, J.
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To:
1.The Principal Secretary,
Department of School Education,
Fort St.George, Chennai - 600 009.
2.The Director of Elementary Education,
College Road, Chennai - 600 006.
3.The District Elementary Educational Officer,
Nilgris, Coonoor District.
4.The Block Educational Officer,
Coonoor Range-1,
The Nilgris,
Conoor District - 643 101.
5.The Correspondent,
C.S.I. Primary School, Droog
Nonsuch Post,
Coonoor Range-1,
Coonoor - 643 102.
W.P.No.11503 of 2021
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W.P.No.11503 of 2021
05.09.2023
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