Madras High Court
G.Velmurugan M.A vs The Director Of School Education on 29 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.29752 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.29752 of 2024
G.Velmurugan M.A., B.Ed ... Petitioner
Vs.
1. The Director of School Education,
College Road, DPI Compound,
Chennai - 6.
2. The District Educational Officer,
Cuddalore - 1.
3. The Secretary,
S.K.V.Higher Secondary School,
Kurinjipadi, Cuddalore District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the respondents to
sanction one set of incentive increment for acquiring higher qualification
of M.A Degree with effect from the date of his entry into service, with all
consequential and monetary benefits within a time frame fixed by this
Court.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader [Edn.]
[R1 & R2]
*****
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Writ Petition No.29752 of 2024
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing respondents to sanction incentive increment for the
petitioner for acquiring higher qualification of M.A. degree with effect
from the date of entry into service with all consequential and monetary
benefits.
2. Heard Mr.S.N.Ravichandran, learned counsel for petitioner
and Mrs.S.Mythreye Chandru, learned Special Government Pleader
appearing for respondents 1 and 2.
3. The case of the petitioner is that he was appointed as
Secondary Grade Teacher on 01.03.2002 on completion of one month
child psychology training and his appointment was also duly approved.
The further case of the petitioner is that as on the date of appointment,
the petitioner possessed qualifications of B.A., M.A. and B.Ed. and
therefore, the petitioner is entitled for two stages of increment for
acquiring higher qualification of M.A. degree. The representation made
by the petitioner in this regard came to be rejected by the respondents.
The persons, who were similarly placed like the petitioner, also filed
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Writ Petition No.29752 of 2024
similar writ petitions in W.P.Nos.30682 and 30684 of 2015. All the three
writ petitions were taken up together and a common order was passed on
29.10.2018 by issuing the following directions:
"4. The learned counsel appearing for the petitioners
state that the claims of the writ petitioner were rejected in
violation of the Government orders in force. Thus, the respondents
shall reconsider the case of the writ petitioner for grant of two
incentive increments, in the light of the terms and conditions
stipulated in the Government order.
5. In the event of not granting increments to the writ
petitioners, the same shall be considered based on the Government
orders and in the light of the observations made in the judgments
(cited supra). In all and other respects, the relief as such sought for
to grant incentive increments cannot be considered.
6. Accordingly, these writ petitions are disposed of.
However, there shall be no order as to costs. Consequently, the
connected miscellaneous petitions are closed."
4. Pursuant to the above order passed in the writ petition, the
relief has been granted to the petitioner in W.P.No.30684 of 2015
through proceedings dated 22.03.2024. Similarly, for the petitioner in
W.P.No.30682 of 2015, the relief has been granted through proceedings
dated 05.04.2024. Only insofar as the petitioner is concerned, no relief
was granted and therefore, the present writ petition has been filed before
this Court.
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Writ Petition No.29752 of 2024
5. When the matter came up for hearing on 15.10.2024, this
Court passed the following order:
"Mrs.S.Mythreye Chandru, learned Special
Government Pleader takes notice on behalf of respondents 1 and
2. The learned Special Government Pleader shall take
instructions from the respondents with respect to the follow up on
the earlier order passed by this Court in W.P.No.30683 of 2015
dated 29.10.2018.
3. The learned counsel for the petitioner submitted that
insofar as the other two petitioners are concerned, the order was
complied with and the relief was not granted only for the
petitioner.
4.Post this case at the end of the motion list on
29.10.2024."
6. When the matter was taken up for hearing, learned Special
Government Pleader appearing on behalf of official respondents,
submitted that the matter pertaining to incentive increment is now
pending before the Division Bench and therefore, the relief was not
granted to the petitioner awaiting the final judgment.
7. In the considered view of this Court, the other two writ
petitioners in W.P.Nos.30682 and 30684 of 2015 approached this Court
with the very same grievance that was expressed by the petitioner.
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Writ Petition No.29752 of 2024
Pursuant to the orders passed by this Court, they have been given the
relief and the petitioner is being deprived of the same due to pendency of
batch of cases relating to incentive increments. What's sauce for the goose
is sauce for the gander. Hence, the relief that has been given to the other
two writ petitioners must be given to the petitioner also and he cannot be
treated differently. There must be consistency in implementation of the
order and if the respondents are not inclined to grant the incentive
increment they should not have granted for all the three. They cannot pick
and choose two petitioners and deprive the same for the other petitioner.
Such an attitude does not enure well for the smooth functioning of a
system.
8. In the light of the above discussion, this writ petition is
disposed of with a direction to respondents 1 and 2 to sanction the
incentive increment for the petitioner in line with the relief that was
granted to the other two writ petitioners in W.P.Nos.30682 and 30684 of
2015. Necessary proceedings shall be issued in this regard within a
period of four (4) weeks from the date of receipt of a copy of this order.
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Writ Petition No.29752 of 2024
N.ANAND VENKATESH, J
gm
This writ petition is disposed of with the above direction. No
costs.
29.10.2024
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1. The Director of School Education,
College Road, DPI Compound,
Chennai - 6.
2. The District Educational Officer,
Cuddalore - 1.
3. The Secretary,
S.K.V.Higher Secondary School,
Kurinjipadi,
Cuddalore District.
Writ Petition No.29752 of 2024
https://www.mhc.tn.gov.in/judis
