Madras High Court
The Director Of School Education vs M.Cyrelie Helena on 5 November, 2024
Author: M.S.Ramesh
Bench: M.S. Ramesh
WA(MD). No.2193 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 05/11/2024
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH
AND
THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE
WA(MD). No.2193 of 2024
and CMP(MD) No.15395 of 2024
1. The Director of School Education,
O/o.the Director of School Education
DPI Compound
College Road,
Chennai 600 009.
2. The Chief Educational Officer,
Office of the Chief Educational Officer,
Tenkasi
Tenkasi District
3. The District Educational Officer
O/o.The District Educational Office
Sankarankoil
Tenkasi District
4.The Block Development Officer,
O/o. The Block Development Office
Sankarankoil
Tenkasi District ... Appellants
Vs
1.M.Cyrelie Helena
1/6
https://www.mhc.tn.gov.in/judis
WA(MD). No.2193 of 2024
2.The Correspondent
TDTA Primary School
Sankarankoil
Tenkasi District ... Respondents
PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the
order of this Court dated 18.04.2024 in WP(MD). No. 13625/2021.
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondents : Mr.M.Ajmal Khan
Senior counsel for
M/s.Ajmal Associates
JUDGMENT
(Judgment of the Court was delivered by M.S.RAMESH, J.)
Challenge is made to the order of the writ Court dated 18.04.2024 in
WP(MD) No.13625/2021.
2. The first respondent herein, who possessed B.Sc., and B.Ed., degrees,
was appointed as a Secondary Grade Teacher, for which, the required
qualification is a pass in Teacher Training Course. However, since she was in
possession of higher education, she has given an undertaking that she will not
claim incentive increments for the higher qualification possessed at the time of
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her initial appointment. Later, after appointment, she had acquired M.A., and
M.Ed., degrees and when she claimed incentive increments for this higher
qualification, the appellants herein had rejected her claim by stating that she
had already given up her claim for incentive increments at the time of her initial
appointment itself. When this rejection was challenged before the writ Court in
WP(MD) No.13625/2021, the writ petition came to be allowed by placing
reliance on a decision of a coordinate Bench of this Court in WA No.1162/2023
dated 26.07.2023, in which, further reliance was placed on an earlier decision
in WA No.511/2011 [State of Tamil Nadu v. Louis Rani].
3. The facts involved in the two decisions of the coordinate Benches,
which were relied upon by the learned Single Judge, are identical to that of the
case in hand. In those cases, the concerned Teachers had also given an
undertaking at the time of initial appointment to the post of Secondary Grade
Teacher, foregoing their claim for incentive increments for higher educational
qualification they possessed, at the time of appointment. For the subsequent
higher qualification obtained by that concerned Teacher, the Division Bench
had approved their claim by observing that the initial undertaking of not to
claim the incentive increments, will not apply to the subsequent higher
educational qualifications. Since the case of the first respondent is also similar
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to that of the Teachers involved in the two writ appeals relied upon by the
learned Single Judge, we are of the view that the learned Single Judge had
rightly applied the precedent and had upheld the entitlement of incentive
increment of the first respondent herein. Hence, there is no infirmity or
illegality in the said decision.
4. Accordingly, the writ appeal stands dismissed. No costs.
Consequently connected Miscellaneous Petition is closed.
[M.S.R.,J] [A.D.M.C.,J]
05.11.2024
NCC : Yes/No
Index : Yes/No
RR
https://www.mhc.tn.gov.in/judis
TO
1. The Director of School Education,
O/o.the Director of School Education
DPI Compound
College Road,
Chennai 600 009.
2. The Chief Educational Officer,
Office of the Chief Educational Officer,
Tenkasi
Tenkasi District
3. The District Educational Officer
O/o.The District Educational Office
Sankarankoil
Tenkasi District
4.The Block Development Officer,
O/o. The Block Development Office
Sankarankoil
Tenkasi District
https://www.mhc.tn.gov.in/judis
M.S.RAMESH,J
AND
A.D.MARIA CLETE, J.
RR
ORDER
IN
Date : 05/11/2024
https://www.mhc.tn.gov.in/judis
