Madras High Court
B.Vasanthalatha vs The Director Of Elementary Education on 1 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.10502 of 2023
and
W.M.P(MD)Nos.9332 & 11746 of 2023
B.Vasanthalatha ... Petitioner
Vs.
1.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The District Educational Officer(Elementary),
Kumbakonam Education District,
Thanjavur District – 612 001.
3.The Block Educational Officer,
Kumbakonam Block,
Thanjavur District – 612 001. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a writ of Certiorari, to call for the records relating to the impugned
order issued by the 3rd respondent in Na.Ka.No.765/A1/2020, dated 28.02.2023
with enclosure and to quash the same.
For Petitioner : Mr.F.Deepak
For Respondents : Mr.N.Satheesh Kumar
Additional Government Pleader
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ORDER
The instant writ petition has been filed by a Secondary Grade Teacher,
challenging the order of recovery passed by the third respondent herein on
28.02.2023, wherein two incentive increments granted to the writ petitioner
were cancelled and order of recovery have been passed.
2.The petitioner herein joined as Secondary Grade Teacher on 15.07.1988
with Diploma in Teacher Education qualification. The petitioner has acquired
M.Com degree on 04.10.2006 and B.E.d degree in March 2009. Based upon the
M.Com degree and B.Ed degree, two incentive increments were conferred upon
the writ petitioner on 29.03.2009.
3.Based upon the audit objection raised by the concerned department, the
instant impugned order has been passed on 28.02.2023, seeking to cancel the
incentive increments granted to the writ petitioner w.e.f.29.03.2009.
Challenging the said order, the present writ petition has been filed.
4.According to the learned Counsel appearing for the writ petitioner, the
petitioner having acquired higher qualification, was granted incentive
increments. Therefore, this incentive increment was based upon the G.O.Ms.No.
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134, School Education(G-2) Department, dated 15.06.2007, and therefore, the
incentive increments cannot be cancelled or recovered from the writ petitioner.
5.Per contra, the learned Additional Government Pleader appearing for
the respondents relying upon the counter had contended that unless the higher
education acquired by the writ petitioner is in anyway connected with the
subject for which the petitioner is taking classes, the question of granting
incentive increments would not arise. He relied upon Paragraph No.8 of the
counter. Hence, he prayed for dismissal of the writ petition.
6.A perusal of the documents annexed to the writ petition reveal that the
petitioner has been granted two incentive increments based upon his acquisition
of M.Com degree and B.Ed. Degree, w.e.f.29.03.2009. Considering the fact that
the petitioner is a Secondary Grade Teacher, the petitioner would not be eligible
for any incentive increments for acquiring M.Com degree, in view of the fact
that the petitioner cannot take classes in the subject of commerce to the students
either in the Elementary School or in the High School. In such circumstances,
the audit objection raised by the concerned department and the order impugned
in the writ petition have to be sustained with regard to grant of incentive
increments for M.Com degree.
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7.However, B.Ed degree acquired by the writ petitioner in March 2009 is
eligible, for incentive increments. The authorities were not right in cancelling
the incentive increments for the above said B.Ed degree. This fact is also
admitted in paragraph No.8 of the counter filed by the respondent herein.
8.In view of the above said facts, the order impugned in the writ petition
is partly set aside with regard to the cancellation of the incentive increments for
acquiring B.Ed., degree. However, the order is confirmed with regard to the
cancellation of incentive increments for acquisition of M.Com., degree.
Considering the fact that the petitioner is receiving incentive increments for
M.Com., degree from the year 2009 onwards for more than 5 years, in view of
the judgment of the Hon'ble Supreme Court in the case of State of Punjab &
Others etc. Vs. Rafiq Masih(white washer) etc. in Civil Appeal No.11527 of
2024, the recovery shall not be effected. However, the authorities are at liberty
to refix the pay scale of the writ petitioner.
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9.In the result, this writ petition is partly allowed to the extent as stated
above. No costs. Consequently, connected miscellaneous petitions are also
closed.
01.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
RJR
To
1.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
2.The District Educational Officer(Elementary),
Kumbakonam Education District,
Thanjavur District – 612 001.
3.The Block Educational Officer,
Kumbakonam Block,
Thanjavur District – 612 001.
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R.VIJAYAKUMAR, J.
RJR
01.10.2024
https://www.mhc.tn.gov.in/judis
