Madras High Court
The Joint Director Of School ... vs M.Rajkumar ... 1St on 11 September, 2023
W.A.(MD) Nos.1220, 1223, 1240, 1249, 1312,
1340 and 1417 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) Nos.1220, 1223, 1240, 1249, 1312, 1340 and 1417 of 2022
and
C.M.P.(MD)Nos.9454, 9488, 9646, 9719, 10200, 10479
and 11406 of 2022
W.A.(MD) No.1220 of 2022
1.The Joint Director of School Education,
(Higher Secondary),
College Road, Chennai-6.
2.The Chief Educational Officer,
Thanjavur, Thanjavur District.
3.The District Educational Officer,
Thanjavur, Thanjavur District. ... Appellants/Respondents 1 to 3
-vs-
1.M.Rajkumar ... 1st Respondent/Writ Petitioner
2.The Secretary,
Kalyana Sundaram Higher Secondary School,
Thanjavur-613 009
Thanjavur District. ... 2nd Respondent/4th Respondent
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set
aside the order, dated 09.06.2022 made in W.P.(MD)No.14011 of 2021 on the
file of this Court.
____________
https://www.mhc.tn.gov.in/judis
Page 1 of 4
W.A.(MD) Nos.1220, 1223, 1240, 1249, 1312,
1340 and 1417 of 2022
For Appellants : Mr.D.Sadiq Raja
Additional Government Pleader
For R1 : Mr.T.Pon Ramkumar
COMMON JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
These writ appeals are directed against the orders of the learned Single
Judge allowing the writ petitions filed by the first respondent in the respective
writ appeals.
2. The first respondent, in all these appeals, are teachers employed in
private aided schools. The writ petitioners made a claim for incentive
increment for acquiring higher qualification. However, the same was rejected
by the Joint Director of School Education. The order rejecting the claim of
individual writ petitioners for incentive increment and the consequential order
had been challenged in the writ petitions filed by the respective teachers. The
learned Single Judge allowed the writ petitions. It is not in dispute that the
application for incentive increment was rejected by the authorities only on the
ground that the first respondent in all these appeals had not obtained prior
permission of the authorities for undergoing higher education. The learned
____________
https://www.mhc.tn.gov.in/judis
Page 2 of 4
W.A.(MD) Nos.1220, 1223, 1240, 1249, 1312,
1340 and 1417 of 2022
Single Judge following several judgments on this issue, allowed all the writ
petitions on the ground that the reason for rejecting the writ petitioners' claim
is not sustainable. This Court in similar appeal preferred by the officials,
dismissed the same after following the judgment of the Hon'ble Division Bench
of this Court affirming the judgment of the learned Single Judge in similar writ
petition.
3. In view of the same, this Court has already decided the issue in
favour of the teachers and this Court finds no merit in these writ appeals and
therefore, these writ appeals stand dismissed. No costs. The appellants are
directed to comply with the direction of the learned Single Judge within a
period of 12 weeks from the date of receipt of a copy of this order.
Consequently, connected miscellaneous petitions are closed.
[S.S.S.R., J.] [D.B.C., J.]
11.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sji
____________
https://www.mhc.tn.gov.in/judis
Page 3 of 4
W.A.(MD) Nos.1220, 1223, 1240, 1249, 1312,
1340 and 1417 of 2022
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sji
W.A.(MD) Nos.1220, 1223, 1240, 1249,
1312, 1340 and 1417 of 2022
and
C.M.P.(MD)Nos.9454, 9488, 9646, 9719, 10200, 10479
and 11406 of 2022
11.09.2023
____________
https://www.mhc.tn.gov.in/judis
