Madras High Court
P.Subramaniam vs The District Educational Officer on 4 June, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
WA No.2049 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
WA No.2049 of 2022
P.Subramaniam : Appellant
versus
1.The District Educational Officer
Gummidipoondi Taluk, Tiruvallur District,
Chennai 601 202.
2.The Head Master
Government Girls High School, Padirivedu -
Madnapakkam, Gummidipoondi Taluk,
Tiruvallur District 601 202. : Respondents
PRAYER: Writ Appeal filed against the order of the learned Single Judge
in WP No.33830 of 2014 dated 20.08.2018.
1/7
https://www.mhc.tn.gov.in/judis
WA No.2049 of 2022
For the Appellant :: Ms.S.Suneetha
For the Respondents :: Mr.J.C.Durai Raj,
Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
The Writ Appeal is filed against the order of the learned Single Judge
in WP No.33830 of 2014 dated 20.08.2018.
2.Brief facts of the case:
2.1. The appellant herein was originally appointed to the post of
Secondary Grade Teacher vide proceedings dated 02.08.1997. He was
sanctioned two incentive increments for completion of higher qualification of
B.Sc., B.Ed., and M.Sc. Degree. He also completed M.Phil., Degree in the
year 2008 and subsequently, he was promoted to the post of B.T.Assistant.
On completion of his M.Phil., Degree, the appellant made a representation
to the respondents for sanctioning third incentive increment for acquiring
higher qualification of M.Phil Degree in the cadre of B.T.Assistant. Since
no orders were passed, the appellant filed writ petition in WP No.33830 of
https://www.mhc.tn.gov.in/judis
2014 seeking a direction to the respondents to grant him third incentive
increment from the date of acquisition of M.Phil Degree. The Writ Court, by
order dated 20.08.2018 dismissed the writ petition with the following
observations:
'In view of the discussions made in the
aforementioned paragraphs, the writ petitioner is
not entitled for any such relief in view of the fact
that already he had received two incentive
increments for possessing higher qualification
and further, the present writ petition was filed
after a lapse of six years from the date of
possessing the M.Phil., degree. Thus, the writ
petition is devoid of merits and stands dismissed.'
2.2. Challenging the said order, the appellant has preferred the present
intra court appeal.
3. The short point involved in the present writ appeal is whether the
appellant is entitled for third incentive increment or not.
4. Learned counsel for the appellant submits that the appellant is
entitled for the third incentive increment for acquiring higher qualification of
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M.Phil Degree. Hence, he seeks to allow the writ appeal.
5. Learned Additional Government Pleader appearing for the
respondent Department submits that the issue involved in the present writ
appeal is squarely covered by a decision of a Full Bench of this Court in writ
appeal in WA No.1664 of 2016 dated 29.06.2018, wherein it is held that a
teacher would be entitled to only two increments. Following the aforesaid
judgment, a Division Bench of this Court, (in which one of us (K.B., J.) is a
member of the judgment) in WA No.3603 of 2019 dated 29.08.2023, had
allowed the appeal filed by the Department and set aside the order of the
learned Single Judge, granting relief to the employee therein. Hence, the
appellant herein is also not entitled for the third incentive increment. The
relevant portion of the order dated 29.08.2023 made in WA No.3603 of
2019 is extracted hereunder:
'3.Admittedly, in this case the respondent
herein has already been granted two incentive
increments for possessing higher qualification
viz., B.Lit. B.Ed. and M.A. Degree. Even in the
affidavit filed in support of the writ petition, he
has admittedly sought for the third incentive
increment for possessing M.Phil degree.
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4. In view of the admitted fact that the
respondent had only sought for third incentive
increment, which he is not entitled, in view of the
Full Bench Judgment of this Court dated
29.04.2022 made in WA No.3674 of 2022 etc.
batch, the order passed by the learned Single
Judge would have to be necessarily set aside.'
6. Heard the counsel for the parties.
7. We are of the view that the decision of a Full Bench of this Court in
WA No.1664 of 2016 dated 29.06.2018, followed by the decision rendered
by a Division Bench of this Court in WA No.3603 of 2019 dated 29.08.2023
squarely applies to the facts of the case on hand. Hence, the appellant is not
entitled for the third incentive increment. There is no merit in the writ
appeal. Consequently, the writ appeal stands dismissed. There shall be no
order as to costs.
[D.K.K., J.] [K.B., J.]
04.06.2024
Index : Yes/No
Neutral Citation : Yes/No
mrn
To
https://www.mhc.tn.gov.in/judis
1.The District Educational Officer
Gummidipoondi Taluk, Tiruvallur District,
Chennai 601 202.
2.The Head Master
Government Girls High School, Padirivedu -
Madnapakkam, Gummidipoondi Taluk,
Tiruvallur District 601 202.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
K.KUMARESH BABU, J.
(mrn)
04.06.2024
https://www.mhc.tn.gov.in/judis
