Madras High Court
V.Rajesh Kanna vs The Joint Director Of School ... on 12 September, 2023
W.P.(MD).No.6950 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.6950 of 2021
V.Rajesh Kanna ... Petitioner
Vs.
1.The Joint Director of School Education,
D.P.I Complex, College Road,
Nungambakkam, Chennai.
2.The Chief Educational Officer,
Office of the Chief Educational Office,
Dindigul District.
3.The District Educational Officer,
Office of the District Educational Office,
Batlagundu, Dindigul District.
4.The Secretary,
N.S.V.V. Boys Higher Secondary School,
Pattiveeranpatti,
Dindigul District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned order passed by the third respondent vide
his proceeding in A Thi Mu No.2405/A3/2020, dated 25.08.2020 and quash the
same as illegal and consequently directing the respondents 1 to 3 herein to
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W.P.(MD).No.6950 of 2021
grant incentive increment to the petitioner for acquiring Higher Qualification of
M.Phil., in English with effect from 15.05.2015 along with consequential
benefits.
For Petitioner : Mr.J.Lawrance
For Respondents : Mr.N.Ramesh Arumugam
Government Advocate
ORDER
The present writ petition has been filed for a Writ of Certiorarified
Mandamus, calling for the records pertaining to the impugned order passed by
the third respondent vide his proceeding in A Thi Mu No.2405/A3/2020, dated
25.08.2020 and quash the same as illegal and consequently directing the
respondents 1 to 3 herein to grant incentive increment to the petitioner for
acquiring Higher Qualification of M.Phil., in English with effect from
15.05.2015 along with consequential benefits.
2. Heard the learned Counsel for the petitioner and the learned
Government Advocate for the respondents and carefully perused the materials
available on record.
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W.P.(MD).No.6950 of 2021
3. The petitioner completed his B.A English, M.A English and also
B.Ed., Degree. On the basis of his qualification, he was appointed as B.T.
Assistant in English in the fourth respondent School during 2008. The fourth
respondent School is a recognised Aided Private School. Even prior to the
appointment of the petitioner in the fourth respondent School, he possessed
higher degree of M.A English and so the petitioner made a request to the fourth
respondent as early as in the year 2006 itself to sanction incentive increment for
possessing higher qualification of M.A. Thereafter, in the year 2014, the
petitioner completed M.Phil degree English course in Madurai Kamaraj
University - Evening College - without detriment to his regular works in the
School. In furtherance to the same, on 02.04.2014, the petitioner made a request
to the fourth respondent to give prior permission to him to pursue M.Phil
degree English. The fourth respondent in turn vide his letter, dated 09.04.2014
had forwarded the petitioner's request to the third respondent for according
prior approval and the same has also been duly entered into the service register
of the petitioner. However, the prior permission sought for by the petitioner to
study higher education in M.Phil., was kept pending by the third respondent. In
view of the same, on 14.10.2014, the petitioner gave another representation to
the fourth respondent seeking permission for acquiring higher education and
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W.P.(MD).No.6950 of 2021
the same was forwarded to the third respondent. However, the fourth
respondent permitted the petitioner to pursue his M.Phil., degree and on that
basis, the petitioner completed M.Phil., degree during the year 2015. On
completion of M.Phil., degree in English, the petitioner requested the fourth
respondent to award incentive increment to the petitioner, for which he has
entitled as per G.O in G.O(Ms)No.42 of the Education Department, dated
10.01.1969. In the meanwhile, the impugned order came to be passed returning
the proposal of the fourth respondent vide the proceedings of the third
respondent, dated 25.08.2020. Assailing the same, this writ petition came to be
filed.
4. The issue of grant of incentive increment for acquiring higher
education qualification by teachers is no more res integra and I have dealt with
a similar matter in W.P(MD)No.2137 of 2021, dated 13.07.2023 and has passed
favorable orders to the petitioner thereat, thereby allowing the said writ
petition, directing the respondents to forward the proposal in respect of the
petitioner's incentive increment to the third respondent. The Hon'ble Division
Bench of this Court in W.A(MD)No.1124 of 2023 (The Joint Director of
School Education, (Higher Secondary), College Road, Chennai-6 and Others
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W.P.(MD).No.6950 of 2021
Vs. S.Vasugi and another), dated 24.07.2023 has dealt with a similar case and
the relevant portion of which is extracted as follows:
"2. The first respondent / writ petitioner is a Teacher and
she filed the above writ petition challenging the order by which
the claim for incentive increment for acquiring higher
qualification was rejected by the Joint Director of School
Education and subsequently by the Chief Educational Officer. The
application for incentive increment was rejected by the Joint
Director of School Education and subsequently by the District
Educational Officer by order, dated 12.11.2019 and 20.12.2019
respectively. The application for incentive increment was rejected
only on the ground that the first respondent had not obtained
prior permission of the authorities for undergoing higher
education. Therefore, the learned Single Judge of this Court,
allowed the writ petition, following the view taken by this Court
by another Judge of this Court in J.Tamilrajan Vs. Department
of School Education and Others passed in W.P(MD)No.4019 of
2018. It is now admitted before this Court the same view of this
Court was affirmed in W.A(MD)No.813 of 2021 in the case of The
Director of School Education, DPI Campus, College Road,
Chennai-6 Vs. G.Anandhi, dated 16.04.2021.
3. This Court find that the issue is no more res integra in
view of the several judgments on this issue holding that the claim
of teachers for incentive increment cannot be rejected on the
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W.P.(MD).No.6950 of 2021
ground that the concerned teacher had not obtained prior
permission of the authorities for undergoing higher education.
Since the issue has been settled by precedents, this Court is
unable to countenance the arguments advanced by the learned
Counsel for the appellants. It is true that there are several
Government Order which have insisted the requirement of
permission of the educational authorities for a teacher to undergo
higher education. It is to be noted that the payment of incentive
increment for acquiring higher qualification is to encourage the
teachers to acquire higher qualification so that the quality of
education will be higher. It may be true that the teacher while in
service will have to obtain prior permission as per the
Government Orders. Further it is to be noted the acquiring higher
qualification while in service is not prohibited and it is only
regulated. In such circumstances, acquiring higher qualification
while in service without the permission is only an irregularity and
that will not entitle the respondents to reject the benefit to the
teachers."
5. However, the learned Government Advocate for the respondents
categorically submitted that prior permission is the mandate of the Government
for the petitioner to seek incentive increment for obtain the degree of M.Phil.,
English. He further submitted that the petitioner has acquired higher
qualification in M.Phil., in 2014-2015, without getting prior permission and the
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W.P.(MD).No.6950 of 2021
Government has dispensed with the practice of granting incentive increments to
the teachers and other Government servants for obtaining higher qualification
as per G.O(Ms)No.37 of the Personnel and Administrative Reforms (FR-IV)
Department, dated 10.03.2020 and as per the clarification issued in
G.O(Ms)No.116 of the Personnel and Administrative Reforms (FR-IV)
Department, dated 16.10.2020 in those cases in which the incumbents became
qualified for grant of incentive increment which would be dealt with separately
in terms of the ratification which would be rendered by the Finance
Department.
6. However, in view of the several orders passed by this Court and the
Hon'ble Division Bench of this Court, considering the fact that, the issue has
already been settled by precedents. I am not able to countenance the arguments
advanced by the learned Counsel for the respondents. In view of the same, the
impugned order, dated 25.08.2020 of the third respondent is hereby quashed
and consequently the fourth respondent is directed to forward the proposal in
respect of the petitioner's incentive increment to the third respondent within a
period of two (2) weeks from the date of receipt of a copy of this order and on
receipt of the same, the third respondent is directed to approve the same in
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W.P.(MD).No.6950 of 2021
accordance with law, within a period of twelve (12) weeks from the date of
receipt of a copy of this order.
7. This writ petition stands allowed, accordingly. There shall be no order
as to costs.
12.09.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Joint Director of School Education,
D.P.I Complex, College Road,
Nungambakkam, Chennai.
2.The Chief Educational Officer,
Office of the Chief Educational Office,
Dindigul District.
3.The District Educational Officer,
Office of the District Educational Office,
Batlagundu, Dindigul District.
4.The Secretary,
N.S.V.V. Boys Higher Secondary School,
Pattiveeranpatti,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.6950 of 2021
L.VICTORIA GOWRI, J.
BTR
W.P.(MD).No.6950 of 2021
12.09.2023
https://www.mhc.tn.gov.in/judis
